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Madras High CourtWP(MD)/15115/2023disposed of

Perumal .V v. The District Collector

2025-04-24Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI V. Perumal .... Petitioner /Vs/

1. The District Collector, Dindigul, Dindigul District.

2. The Competent Authority and, Special District Revenue Officer, Land Acquisition (National Highways), Dindigul, Dindigul District.

3. The Special Tahsildar, Land Acquisition, National Highways No.07 and 209, Dindigul, Dindigul District.

4. The Project Director, National Highway Authority of India, Dindigul, Dindigul District.

.... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to pass an 1/6

award of compensation for acquiring the petitioner' s land in S.No.177/1, to an extend of 32 cents, situated in Sirankadu Village, Dindigul Taluk, Dindigul District for the project of the 4th respondent by disposing the petitioners application dated 10.04.2023.

For Petitioner : Mr.S.Vellaichamy For R1 to R3 : Mr.B.Saravanan Additional Government Pleader For R4 : Mr.P.Karthick

ORDER

The petitioner has sought for issuance of a Writ of Mandamus to direct the respondents 2 & 3 and pass an award of compensation in respect of 32 cents of petitioner's land comprised in S.No.177/1. The petitioner has given a representation on 10/4/2023 in this regard and seeks expeditious disposal of the same.

2. I have heard Mr.S.Vellaichamy, learned counsel appearing for the petitioner, Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents 1 to 3 and Mr.P.Karthick, learned counsel appearing for the fourth respondent.

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3. The learned counsel for the petitioner submitted that in respect of unapproved layout formed by the petitioner, the lands were acquired even before the petitioner completed the project. The petitioner has not gifted or handed over the road portions in respect of which, the petitioner now seeks compensation. It is the further case of the petitioner that in respect of 2 plots retained by the petitioner also, compensation has not been paid.

4. The learned counsel appearing for the fourth respondent would submit that the petitioner cannot claim compensation in respect of the portions that have been earmarked as road.

5. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that in respect of the plots retained by the petitioner, the respondents are willing to release the compensation amount subject to petitioner produce the relevant documentary evidence. Insofar as the road portions that have been taken over under the acquisition proceedings, the petitioner shall file satisfactory documentary evidence by way of revenue records and title deeds to establish the 3/6

entitlement of the petitioner for compensation in respect of the said lands. The petitioner shall submit the documents, within a period of four weeks from the date of receipt of a copy of this order and the third respondent shall conduct due enquiry and pass orders on the petitioner's application for compensation, within a period of twelve weeks, thereafter.

6. With the above direction, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 24.04.2025 am 4/6

To

1. The District Collector, Dindigul, Dindigul District.

2. The Competent Authority and, Special District Revenue Officer, Land Acquisition (National Highways), Dindigul, Dindigul District.

3. The Special Tahsildhar, Land Acquisition, National Highways No.07 and 209, Dindigul, Dindigul District.

4. The Project Director, National Highway Authority of India, Dindigul, Dindigul District.

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P.B. BALAJI , J.

am Order made in Dated:

24.04.2025 6/6