Madras High CourtWP(MD)/26363/2022disposed of

Thirumathal.S v. The District Collector

2022-11-22Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.26363 of 2022 S.Thirumathal .. Petitioner

Versus

1.The District Collector, Office of the District Collector, Dindigul - 624 004.

2.The Special District Revenue Officer, (Land Acquisition), O/o. Special Revenue Officer, National Highways Authority of India, No.567, APJ Abdul Kalam Street, Chennamanaickanpatty, Collectorate Post, Dindigul - 624 004.

3.The Chairman, National Highways Authority of India, G5 and 6 Sector - 10, Dwarka, New Delhi - 110 075.

4.The Project Director, NH-07 and 209 Project Implementation Unit, National Highways Authority of India, Chennamanaickanpatty, Collectorate Post, Dindigul - 624 004.

.. Respondents Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation, dated 30.08.2022. 1/5

For Petitioner :

Mr.M.Sheik Abdullah For Respondents :

Mrs.K.Christy Theboral Additional Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to consider her representation, dated 30.08.2022.

2. Heard Mr.M.Sheik Abdullah, learned counsel appearing for the petitioner and Mrs.K.Christy Theboral, learned Additional Government Pleader, who takes notice for the respondents. By consent of the learned counsel appearing for the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the learned counsel for the petitioner, the petitioner's land, bearing S.No.94/5, measuring an extent of 911 sq.mt., situated at Pushpathur Village, Palani Taluk, Dindigul District, was acquired by the second respondent on 22.03.2018 for the purpose of widening of the road, for which, a sum of Rs.11,48,346/-, was fixed as compensation to the petitioner. According to the learned counsel for the petitioner, the amount fixed by the second respondent is very low as compared to the prevailing market value and therefore, the same has to be enhanced as per the market value at Rs.1035 to 2/5

Rs.1200 per sq.ft. Hence, the petitioner made a detailed representation before the respondents 1 to 4 on 30.08.2022, seeking enhancement of compensation. Since the same has not been considered so far, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

4. The learned Additional Government Pleader appearing for the first respondent and the learned Standing Counsel appearing for the respondents 2 to 4 submitted that the petitioner's representation, dated 30.08.2022, would be considered and appropriate orders would be passed within a time frame.

5. Considering the aforesaid submission made by the learned Additional Government Pleader appearing for the respondents, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 30.08.2022, and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of with the above direction. No costs.

Index : Yes/No 22.11.2022 smn2 3/5

To 1.The District Collector, Office of the District Collector, Dindigul - 624 004.

3.The Chairman, National Highways Authority of India, G5 and 6 Sector - 10, Dwarka, New Delhi - 110 075.

4.The Project Director, NH-07 and 209 Project Implementation Unit, National Highways Authority of India, Chennamanaickanpatty, Collectorate Post, Dindigul - 624 004.

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V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 22.11.2022 5/5