Madras High CourtWP(MD)/20964/2017disposed of

I.Abdul Jabar, S/O.Ismail v. The District Collector Cum

2017-11-14Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.20964 to 20977 of 2017 I.Abdul Jabar ... Petitioner in WP(MD).No.20964 of 2017 R.Muthusamy ... Petitioner in WP(MD).No.20965 of 2017 M.Kannan ... Petitioner in WP(MD).No.20966 of 2017 R.Soundaram ... Petitioner in WP(MD).No.20967 of 2017 T.Sindhukannan ... Petitioner in WP(MD).No.20968 of 2017 T.Karuppathal ... Petitioner in WP(MD).No.20969 of 2017 N.Palanivel ... Petitioner in WP(MD).No.20970 of 2017 C.Selvaraj ... Petitioner in WP(MD).No.20971 of 2017 M.Sadaiappan ... Petitioner in WP(MD).No.20972 of 2017 K.Saravana Poigai ... Petitioner in WP(MD).No.20973 of 2017 C.Murugesan ... Petitioner in WP(MD).No.20974 of 2017 A.Raju ... Petitioner in WP(MD).No.20975 of 2017 P.Shanmugavel ... Petitioner in WP(MD).No.20976 of 2017 A.Mumtaj Begum ... Petitioner in WP(MD).No.20977 of 2017 Vs.

1. The District Collector cum Arbitrator, Dindigul District, Dindigul.

2. The District Revenue Officer cum Authorised Competent Authority, National Highways 209, Dindigul.

3. The Special Tahsildar (Land Acquisition), N.H.No.209, Oddanchathiram Dindigul District.

4. The Project Director, National Highways 209, Dindigul District, Dindigul.

... Respondents in all Cases PRAYER in WP(MD) No.20964 To 20977 of 2017: Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to dispose of the petitioner's representations dated 02.01.2016, 17.12.2014,

22.12.2014, 16.03.2015, 07.11.2015, 02.01.2016 respectively for payment of enhanced compensation as per Section 3-G(5) of National Highways Act to the petitioner within the time stipulated time. For Petitioners : Mr.P.Mahendran in all cases For Respondents : Mr.J.Gunaseelan Muthaiah, 1 to 3 in all cases Government Advocate.

COMMON ORDER These writ petitions have been filed by the petitioners, seeking to direct the first respondent to dispose of their representations dated 17.12.2014, 22.12.2014, 16.03.2015, 07.11.2015 and 02.01.2016, for payment of enhanced compensation as per Section 3-G(5) of the National Highways Act, 1956 to the petitioners.

2.Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondents 1 to 3. By consent, the writ petitions are taken up for final disposal at the stage of admission itself. 3.The case of the petitioners is that since the compensation awarded by the second respondent for acquisition of the petitioners' land for the purpose of National Highways 209, from Dindigul to Bangalore, was very low, the petitioners filed their representations before the first respondent under Section 3-G(5) of the National Highways Act, 1956 and since the same have not been disposed of, the petitioners are before this Court with the above prayer.

4. Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioners, this Court directs the first respondent to consider the representations, dated 17.12.2014, 22.12.2014, 16.03.2015, 07.11.2015 and 02.01.2016, filed by the petitioners, for payment of enhanced compensation and pass necessary orders thereon on merits and in accordance with law, if not considered earlier, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, these petitions are disposed of. No costs.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar

1. The District Collector cum Arbitrator, Dindigul District, Dindigul.

2. The District Revenue Officer cum Authorised Competent Authority, National Highways 209, Dindigul.

3. The Special Tahsildar (Land Acquisition), N.H.No.209, Oddanchathiram Dindigul District.

4. The Project Director, National Highways 209, Dindigul District, Dindigul.

+ 1 cc TO The Special Government Pleader in SR No. 87478 smn AE/MR KKR/SAR4/28.11.2017/3P/6C COMMON ORDER MADE IN W.P(MD)Nos.20964 to 20977 of 2017 14.11.2017