Madras High CourtWP(MD)/20485/2024allowed

Perumal v. The District Collector

2024-10-21Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Perumal .. Petitioner Vs.

1.The District Collector, Tirunelveli District.

2.Special District Revenue Officer (Land Acquisition), Middle Street, Thiyagaraja Nagar, Tirunelveli-11.

3.The Special Tahsildhar, Opposite S.V.P.Mahal, Valliyoor, Radhapuram Taluk, Tirunelveli District.

4.The Project Director, National Highways Department, Kanyakumari District.

.. Respondents [R4 - impleaded vide Court order dated 11.09.2024 in W.M.P. (MD) No.18163 of 2024 in W.P.(MD) No.20485 of 2024] Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to

pay compensation to the petitioner for taking part of the petitioner's lands in S.Nos.1941/1B and 1943 situated at Perungudi Village, Radhapuram Taluk, Pannagudi Sub Registrar, Tirunelveli District for the purpose of National Highways based on the petitioner's representations dated 19.03.2009 and 02.07.2024 within a stipulated time to be fixed by this Court.

For Petitioner :

Mr.M.Perumal For R1 to R3 :

Mr.B.Saravanan Additional Government Pleader For R4 :

Dr.Rajagopal

ORDER

This writ petition has been filed for the following relief: "For the reasons stated in the accompanying affidavit, it is humbly prayed that Hon'ble Court may be pleased to issue a Writ, Order or direction in nature of Writ of Mandamus directing the Respondents to pay compensation to the Petitioner for taking part of his lands in S.No.1941/1B and 1943 situated at Perungudi Village, Radhapuram Taluk,

Pannagudi Sub Registrar, Tirunelveli District for the purpose of National Highways based on the Petitioner's representation dated 19.03.2009 and 02.07.2024 within a stipulated time fixed by this Hon'ble Court and pass such further or orders deem fit and proper in the circulates of the case and thus render justice."

2. A counter affidavit has been filed by the third respondent wherein in paragraph 5, he has stated that a copy of the petitioner's representation has been forwarded to the District Collector, Tirunelveli and the same is under process. An enquiry notice dated 02.09.2024 has also been issued to the petitioner.

3. Considering the fact that nearly a month has passed since the notice is stated to have been issued, the District Collector, Tirunelveli shall issue a fresh notice within a period of one week from the date of receipt of a copy of this order and dispose of the application within a period of two months thereafter.

4. With the above direction, this Writ Petition is allowed. No costs.

21.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Tirunelveli District.

2.Special District Revenue Officer (Land Acquisition), Middle Street, Thiyagaraja Nagar, Tirunelveli-11.

3.The Special Tahsildhar, Opposite S.V.P.Mahal, Valliyoor, Radhapuram Taluk, Tirunelveli District.

P.T.ASHA, J.

abr Dated: 21.10.2024