Madras High CourtWP(MD)/25764/2022disposed of

Jegannathan.V v. The District Collector

2022-11-15Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25764 of 2022 V.Jeganathan ... Petitioner vs.

1.The District Collector, District Collector Office, Madurai District, Madurai.

2.The Prescribed Authority cum Special District Revenue Officer, Land Acquisition National Highways No.785, Madurai District.

3.The Project Director & Executive Engineer, National Highways No.785, 3, Surya Towers, 2nd Floor, East 1st Street, K.K.Nagar, Madurai-20.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent 1/5

to consider the petitioner's appeal filed under Section 3G(5) of National Highways Act, 1956, dated 01.07.2021.

For Petitioner : Mr.P.Murugesan For R1 & R2 : Mr.D.Gandhiraj Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's appeal filed under Section 3G(5) of National Highways Act, 1956, dated 01.07.2021.

2. Heard Mr.P.Murugesan, learned counsel appearing for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents 1 and 2.

3. The case of the petitioner is that he is the owner of the land in Survey No.63/1B3 to an extent of 7 cents 93 sq.ft. situated at Manthikulam Village, Madurai North Taluk and 140 sq.mtr. of land has 2/5

been acquired from the petitioner for the purpose of providing National Highways Road. The Highways authority has fixed ridiculous compensation for his property at the cost of Rs.19,45,607/-. Since the Highways authority has not fixed the fair compensation, the petitioner has filed an appeal before the first respondent, on 01.07.2021 and the same is still pending. Hence, the present writ petition has been filed.

4. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the petitioner's appeal will be disposed of within a period of six weeks.

5. Considering the submission made by the learned Special Government Pleader, this Court directs the first respondent to dispose of the appeal filed by the petitioner on 01.07.2021, on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of six weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs.

15.11.2022 Index:Yes/No Internet:Yes/No akv To 1.The District Collector, District Collector Office, Madurai District, Madurai.

2.The Prescribed Authority cum Special District Revenue Officer, Land Acquisition National Highways No.785, Madurai District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.25764 of 2022 15.11.2022 5/5