Nataraj Reddiar .K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI K.Nataraj Reddiar .... Petitioner /Vs./ 1.The District Collector, 2.The Revenue District Officer, Revenue District Office, Kovilpatti, 3.The Special Tahsildar (Land Acquisition), National Highways Project 45B, No.2F/49, 4th Street, P & T Colony East, Thoothukudi.

4.The Project Director, National Highways Authority of India (NHAI), No.83/1, SBI 1st Colony Extension, Bye-pass Road, Madurai-625 016.

5.The Project Director, National Highways, Thoothukudi.

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(5th respondent is suo motu impleaded as per the order of this Court, dated 18.03.2025) .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to disburse the compensation amount Rs.14,62,945/- with interest at the rate of 6% from 2009 on the basis of the District Committee action report-E3/24436/2020 dated 01/2021 for acquiring the petitioner land consisting of Hec.0.39.70 in survey No.589/1, Jegaveerapandiyapuram Village, Ottapidaram Taluk, For Petitioner : Mr.K.Gokul For R1 to R3 : Mr.S.Kameswaran Government Advocate For R4 : Mr.Su.Srinivasan

ORDER

I have heard the learned counsel appearing for the petitioner, Mr.Kameswaran, learned Government Advocate appearing for the respondents 1 to 3 and Mr.Su.Srinivasan, learned counsel appearing for the fourth respondent.

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2. The grievance of the petitioner is that despite the determination of the compensation amount payable to the petitioner under private negotiation, the amount has not been disbursed and hence, the petitioner seeks the relief of Writ of Mandamus.

3. Mr.Su.Srinivasan, learned Standing Counsel would submit that the lands were missed out in the original notification and subsequent by private negotiation, the lands were acquired and the compensation amount was also fixed. He would invite my attention to the proceedings of the District Committee in E3/24436/2020, dated Nil 01/2021, where the Project Director, National Highways has not signed the said proceedings.

4. I also find that the Additional Collector (Revenue), Thoothukudi has also not signed the proceedings. However, the learned Standing counsel would fairly submit that the fourth respondent does not intend to deprive the petitioner of the compensation that has been determined and agreed to be payable. However, he would seek direction to the District Collector to forward the proposal for disbursal of the 3/6

compensation amount, in terms of the proceedings of the District Committee dated in E3/24436/2020 dated Nil.01.2021 to enable the fourth respondent to disburse the compensation.

5. The petitioner has impleaded the Project Director, National Highways, Madurai as fourth respondent. However, the competent authority is, the Project Director, National Highways, Thoothukudi. The Project Director, National Highways, Thoothukudi is suo motu impleaded in the writ petition as fifth respondent. The first respondent shall forward a proposal to the fifth respondent within a period of three weeks from the date of receipt of a copy of this order. The fifth respondent shall disburse the compensation together with applicable interest within a period of three weeks, thereafter.

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

Index : Yes / No NCC : Yes / No 18.03.2025 am 4/6

To 1.The District Collector, 2.The Revenue District Officer, Revenue District Office, Kovilpatti, 3.The Special Tahsildar (Land Acquisition), National Highways Project 45B, No.2F/49, 4th Street, P & T Colony East, Thoothukudi.

4.The Project Director, National Highways Authority of India (NHAI), No.83/1, SBI 1st Colony Extension, Bye-pass Road, Madurai-625 016.

5.The Project Director, National Highways, Thoothukudi.

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P.B. BALAJI , J.

am Order made in Dated:

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