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Madras High CourtWP(MD)/1003/2016disposed of

Modern Cotton Yarns v. The District Collector,

2016-01-19Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.1003 of 2016 Modern Cotton Yarns Spinners Ltd., Manavasi PO, Krishnarayapuram Taluk, Karur District, represented by its Vice President, Mr.S.Raghuraman.

... Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The Authorised Officer and The Revenue Division Officer, National Highways, Kulithalai, Karur District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus to direct the first respondent to decide the Appeal Petition dated 28.02.2013 to enhance the compensation in terms of Section 3G(5),(6) of the National Highways Act, 1956 within the stipulated time.

For Petitioner :Mr.K.Govindarajan For Respondents :Mr.S.Kumar Additional Government Pleader

ORDER

Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

2. The petitioner seeks for a Mandamus directing the first respondent to decide the appeal petition dated 28.02.2013 filed for enhancement of compensation payable under the National Highways Act, 1956. It is seen that the property belonging to the petitioner Company was acquired under the National Highways Act and the compensation arrived at by the second respondent payable to the petitioner was not accepted by the petitioner and therefore he filed an appeal before the first respondent claiming enhancement of compensation through appeal petition dated 28.02.2013. The grievance of the petitioner is that the said appeal is yet to be disposed of.

3. Considering the above stated facts and circumstances and without expressing any view on the claim made by the petitioner seeking enhancement of compensation, I only direct the first respondent to consider the appeal filed by the petitioner and pass orders on the same https://hcservices.ecourts.gov.in/hcservices/

on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(records) /True copy/ Sub AssistantRegistrar To 1.The District Collector, Karur District, Karur.

2.The Authorised Officer and The Revenue Division Officer, National Highways, Kulithalai, Karur District.

+1cc to special Government Pleader SR.NO.2964 +1cc to Mr.K.Govindarajan, Advocate SR.No.2675 sm:AAL-MPA:AR I:01.02.2016:2p/5C W.P.(MD)No.1003 of 2016 19.01.2016 https://hcservices.ecourts.gov.in/hcservices/