Madras High CourtWP(MD)/18836/2016disposed of

S.Srinivasan @ Santhanam, v. The Secretary To Government

2017-08-16Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18836 of 2016 S.Srinivasan @ Santhanam ... Petitioner Vs.

1.The Secretary to Government Tamil Nadu State Highways Department, HRS Campus, 76, Sardar Patel Road, Guindy, Ghennai - 600 025.

2.The Secretary, National Highways Authority of India Regional Office, Sri Tower 3rd Floor, DP-34, S.P.Industrial Estate, Guindy, Chennai - 32.

3.The District Collector, Madurai District, Madurai.

4.The District Revenue Officer, Competent Authority , Land Acquisition Section, Collectorate Office, Madurai.

5.The Revenue Divisional Officer Competent Authority , Land Acquisition Section, Collectorate Office, Madurai.

6.The Special Thasildar,(Land Acquisition) Madurai North Taluk, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to give the compensation amount of Petitioner vacant land in Re-Survey No.14/3A1E measuring to an extent of 3 cents and 379.5 square feet at Plot No.7, Sardar Nagar, Vandiyur Bit-I, Madurai North, Madurai District. For Petitioner : Mr.P.E.Pandiarajan, For M/s.Dhana Law Associates

For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate ******

O R D E R

This writ petition has been filed, seeking to direct the respondents to give the compensation to the petitioner for the land acquired in Re-Survey No.14/3A1E, to an extent of 3 cents and 379.5 square feet situates at Plot No.7, Sardar Nagar, Vandiyur Bit-I, Madurai North, Madurai District. 2.Heard the learned Counsel appearing on either side.

3. It is the case of the petitioner that the petitioner had purchased the vacant land comprised in Re-Survey No.14/3A1E measuring to an extent of 3 cents and 379.5 square feet situates at Plot No.7, Sardar Nagar, Vandiyur Bit-I, Madurai North, Madurai District. The petitioner sent a representation dated 05.04.2013 under Right Information Act to the respondents to find out the four boundaries of his property. The sixth respondent replied that his property was acquired by the first respondent for laying Ring Road vide acquisition proceedings No.TK8A/180/1401 dated 25.11.1991. The petitioner sent a representation dated 20.07.2016 to the respondents 3 and 5 to provide compensation amount to his land. So far, compensation amount was not paid by the respondents. Hence, the petitioner has come before this Court with the above said prayer.

4. The learned Government Advocate appearing for the respondents fairly submits that if a reasonable time is granted to the fifth respondent, appropriate orders will be passed on the representation of the petitioner dated 20.07.2016 and the fifth respondent is the competent authority to pass orders in this matter.

5. In view of the above submission and also considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the fifth respondent to consider the representation of the petitioner dated 20.07.2016 and pass appropriate orders thereon, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as other interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar

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