M. Nagarathinam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI M. Nagarathinam ... Petitioner Vs 1.The District Collector, Madurai District, Madurai.
2.The Special District Revenue Officer (Land Acquisition), O/o the Special District Revenue Officer (Land Acquisition), Madurai, Madurai District.
3.The Special Tahsildar (Land Acquisition), Collectrate Campus, (National Highways), Madurai, Madurai District.
4.The Project Director, National Highways Authority of India, Madurai.
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5.The Divisional Engineer, National Highways, Alagar Kovil Road, Madurai, Madurai District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse the appropriate compensation amount to the petitioner along with proportionate interest in accordance with Section 18 and 19 of the Tamil Nadu National Highways Act 2001 for acquiring the petitioners land to an extent of 608 Sq. Meter in New S. No. 32/1A1A (Old S. No.290/1) situated at Vadakarai Village, Thirumangalam Town, Thirumangalam Taluk, Madurai District, within the time stipulated by this Court and by considering the petitioner's representation dated 10.08.2024. For Petitioner : Mr.P. Mani Anandh For R1 to R3 & R5 : Mr.P.Thambidurai Government Advocate
O R D E R
The petitioner, with a grievance that his property in S.No.32/1A1A,Vadakarai Village, Thirumangalam Town, Thirumangalam Taluk, Madurai to an extent of 608 Sq. Meter has 2/7
been acquired by the respondents, pursuant to the notification, dated 05.01.2022, for the purpose of constructing Highway Over Bridge, however, no compensation has been paid by them so far, has submitted a representation on 10.08.2024 to the respondents and approached this Court seeking a Mandamus, to direct the respondents to disburse the appropriate compensation amount along with proportionate interest, in accordance with Section 18 and 19 of the Tamil Nadu National Highways Act 2001.
2.Mr.P.Thambidurai, learned Government Advocate, who takes notice for the respondents submits that an enquiry has been conducted on 15.02.2023 and during the enquiry, the petitioner was directed to furnish certain documents, however, he has not furnished the same.
3.In reply, the learned counsel appearing for the petitioner claims that the documents as required by the respondents have been furnished to them on the date of enquiry itself, i.e. on 3/7
15.02.2023. However, no steps have been taken by them for payment of compensation to the petitioner.
4.This Court considered the rival submissions made and also perused the materials placed on record.
5.The respondents have acquired certain lands of this petitioner, for the purpose of construction of Highway Over Bridge. However, they have not disbursed the compensation amount to him that he has not submitted the required documents. On the other hand, the petitioner claims that he has furnished all the required documents on the date of enquiry itself. It appears that though the enquiry has been conducted in the month of February 2023 itself, the respondents have not disbursed the compensation amount to the petitioner. In view of the above, the respondents are directed to consider the representation of this petitioner, dated 10.08.2024 and pay the compensation amount, if he is eligible, within a period of six weeks from the date of receipt of a copy of this order. 4/7
6.With the above directions, this writ petition is disposed of. No costs.
14.10.2024 NCC :Yes/No Index :Yes Internet :Yes vrn 5/7
To 1.The District Collector, Madurai District, Madurai.
2.The Special District Revenue Officer (Land Acquisition), O/o the Special District Revenue Officer (Land Acquisition), Madurai, Madurai District.
3.The Special Tahsildar (Land Acquisition), Collectrate Campus, (National Highways), Madurai, Madurai District.
4.The Project Director, National Highways Authority of India, Madurai.
5.The Divisional Engineer, National Highways, Alagar Kovil Road, Madurai, Madurai District.
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B.PUGALENDHI, J.
vrn Order made in 14.10.2024 7/7