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Madras High CourtWP(MD)/20985/2017disposed of

R.Pachaiammal, W/O.Ramasamy, v. The District Collector Cum

2017-11-15Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) Nos.20985 to 21003 of 2017 R.Pachaiammal ... Petitioner in WP(MD) No.20985 of 2017 T.Thillainayagi ... Petitioner in WP(MD) No.20986 of 2017 K.Palanichamy ... Petitioner in WP(MD) No.20987 of 2017 K.Sadaiappa Goundar ... Petitioner in WP(MD) No.20988 of 2017 and 20999 of 2017 K.Sakkarai Goundar ... Petitioner in WP(MD) No.20989 of 2017 K.Vijayalakshmi ... Petitioner in WP(MD) No.20990 of 2017 K.Sasikala ... Petitioner in WP(MD) No.20991 of 2017 K.Sudha ... Petitioner in WP(MD) No.20992 of 2017 S.Angammal ... Petitioner in WP(MD) No.20993 of 2017 N.Jeyalakshmi ... Petitioner in WP(MD) No.20994 of 2017 M.Karpagam ... Petitioner in WP(MD) No.20995 of 2017 R.Perumalsamy ... Petitioner in WP(MD) No.20996 of 2017 S.Seetharaman ... Petitioner in WP(MD) No.20997 of 2017 R.Kandavel ... Petitioner in WP(MD) No.20998 of 2017 K.Karuppana Goundar ... Petitioner in WP(MD) No.21000 of 2017 K.Kumar Goundar ... Petitioner in WP(MD) No.21001 of 2017 K.Krishnasamy Goundar ... Petitioner in WP(MD) No.21002 of 2017 and 21003 of 2017 -vs1.

The District Collector cum Arbitrator,

2.

The District Revenue Officer cum Authorised Competent Authority, National Highways 209, 3.

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

4.

The Project Director, National Highways 209, ... Respondents in all the Petitions PRAYER in WP(MD) Nos.20985 to 21003 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 representation dated 23.02.2016 28.07.2016, 24.11.2016, 02.03.2016, 22.09.2016, 12.09.2016, 14.03.2016, 23.02.2016, 16.03.2016, 01.07.2016, 30.08.2016 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 R1 to R3 : Mr.J.Gunaseelan Muthiah (in all cases) Govt. Advocate ***** C O M M O N O R D E R These writ petitions have been filed by the petitioners, seeking to direct the first respondent to dispose of their respective representations 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 Government Advocate appearing for the respondents 1 to 3. Notice to R4 is dispensed with, as no adverse order is going to be passed against R4 in these petitions. By consent, these 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 construction of a Ring Road in National Highways No.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. The learned Government Advocate appearing for R1 to R3 would submit that if a reasonable time is granted to the 1st respondent, the representations of the petitioners will be considered and suitable orders be passed in a time bound manner.

5. 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 respective representations, submitted 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, after affording due opportunity of hearing to the petitioners.

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1.

The District Collector cum Arbitrator, 2.

The District Revenue Officer cum Authorised Competent Authority, National Highways 209, 3.

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

4.

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

+1cc to Mr.P.Mahendran, Advocate Sr.No.87245 +1cc to Spl.Government Pleader Sr.No.87618 AR VB/KK/SAR1/30/11/2017/5P/7C W.P(MD)Nos.20985 to 21003 of 2017 15.11.2017