Selvam S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Selvam ... Petitioner -vs1.The District Collector, Madurai District, Madurai.

2.The Deputy General Manager (T) & Project Director, National Highways Authority of India, Madurai.

3.The Special Tahsildar (LA), National Highways, Vadipatti, Madurai.

... Respondents [R2 and R3 are impleaded vide order dated 07.11.2023, made in W.M.P.(MD)No.13741 of 2021] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey and fix the boundaries of the land of the petitioner, situated in Survey Nos. 1403-1B2I to the extent of 171.86 Square meter and 1403-1B2H to the extent of 446 of Square meter at Aazhvarkurichi Village, Tenkasi Taluk, Tenkasi District, within the period that may be stipulated by this Court. 1/4

For Petitioner :

Mr.V.Janakiramulu For R1 and R3 :

Ms.D.Farjana Ghoushia Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to pass orders on the application submitted by the petitioner under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [hereinafter referred to as ''the Act''], wherein the petitioner has sought for enhancement of compensation, within the time frame fixed by this Court.

2. The learned Special Government Pleader appearing on behalf of the respondents 1 and 3 submitted that some time frame can be fixed by this Court to enable the first respondent to pass orders on the application submitted by the petitioner, seeking for enhancement of compensation.

3. The land belonging to the petitioner was acquired by the National Highways Authority of India [NHAI] under the National Highways Act and compensation was also fixed and the petitioner was not satisfied with the 2/4

compensation. Hence, the petitioner has made an application before the first respondent under Section 64 of the Act. In view of the same, it will suffice, if a direction is issued to the first respondent to deal with the application submitted by the petitioner on 20.01.2020, on its own merits and in accordance with law and pass final orders within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

4. This Writ Petition is disposed of with the above direction. No costs. NCC : Yes/No 07.11.2023 Index : Yes/No (2/2) smn2 To 1.The District Collector, Madurai District, Madurai.

2.The Deputy General Manager (T) & Project Director, National Highways Authority of India, Madurai.

3.The Special Tahsildar (LA), National Highways, Vadipatti, Madurai.

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N.ANAND VENKATESH, J.

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