Madras High CourtWP(MD)/25707/2024allowed

Banumathi v. The District Collector

2024-10-28Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

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

1.The District Collector, O/o the District Collector, Ramanathapuram District.

2.The District Revenue Officer, O/o the District Revenue Office, Ramanathapuram District.

3.The Special District Revenue Officer, Ramanathapuram District.

4.The Director, O/o the Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai.

5.The Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Ramanathapuram District.

6.The Special Tahsildar, Ramanathapuam District.

7.The Tahsildar, Paramakudi Taluk, Ramanathapuam District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents to provide compensation to the petitioner as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the land extend of 110.45 cents in Survey No. 47/2B2 at Vallakulam, Paramakudi, Ramanathapuram District which was taken over by Highway Department through Notice, dated 28.04.2018 by considering the petitioner's representation, dated 29.07.2024. For Petitioner :

Mr.S.M.A.Jinnah For Respondents :

Mr.D.S.Nedunchezian Government Advocate

ORDER

This writ petition is filed for a mandamus to the respondents to provide compensation to the petitioner as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 for the land extend of 110.45 cents in Survey No. 47/2B2 at Vallakulam, Paramakudi, Ramanathapuram District which was taken over by Highway Department through Notice, dated 28.04.2018 by considering the petitioner's representation, dated 29.07.2024.

2. The writ petition is not maintainable for the reason that under Schedule IV of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 r.w Section 105, National Highways Act has been exempt. It is open to the petitioner to seek his request under the provisions of the National Highways Act.

3. In view of the above, this Writ Petition stands dismissed. No costs.

28.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The District Collector, O/o the District Collector, Ramanathapuram District.