M.Masoodal Beevi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA 1.M.Masoodal Beevi 2.M.Mohamed Hanifa 3.M.Nagoor Kani 4.M.Mymoon Beevi 5.Nooril Ashadh ...

Petitioners -vs1.The District Collector, District Collector Office, Virudhunagar, Virudhunagar District.

2.The Special District Revenue Officer, Land Acquisition, NH-744, Virudhunagar.

3.The Special Tahsildar, Unit VIII, NH-744, Virudhunagar, Virudhunagar District.

4.M.Ameen 5.Kathun Beevi 6.Mydeen Meeral ...

Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 1 to 3 herein to refer the dispute in respect of payment of compensation in respect of the land in Survey No.81/9, measuring 70 cents i.e., 1667 sq.mt. in Karadiparai Village, pulangkudiyurrupu, Shengottai Taluk, to the Civil Court under Clause 4 of Section 3H of the National Highways Act,1956. For Petitioner :

Mrs.A.Lakshmi, for M/s.Polax Legal Solutions.

For Respondents 1 to 3 : Mr.A.Kannan, Addl.Govt.Pleader.

ORDER

Mr.A.Kannan, Additional Government Pleader, takes notice for respondents 1 to 3.

2. Though the Writ Petition has been filed for a mandamus, directing the respondents 1 to 3 herein to refer the dispute in respect of payment of compensation in respect of the land in Survey No.81/9, measuring 70 cents i.e., 1667 sq.mt. in Karadiparai Village, pulangkudiyurrupu, Shengottai Taluk, to the Civil Court under Clause 4 of Section 3H of the

National Highways Act,1956, learned counsel for the petitioners submits that it would suffice if a direction is issued to the official respondents to consider the petitioners' representation, dated 01.10.2024. The learned counsel further submits that permission may be granted to the petitioners to file a better representation and the respondents may be directed to consider the representation, dated 01.10.2024, along with the better representation, to be submitted.

3. In view of the submission of the learned counsel for the petitioners, the petitioners are directed to submit a better representation to the respondents 1 to 3 within a period of one week from the date of receipt of copy of this order and, on receipt of the said representation, the respondents 1 to 3 shall consider both the representations on merit and in accordance with law and pass orders thereon within a period of four weeks thereafter.

4. Writ Petition is disposed of accordingly. No costs. Consequently, the connected W.M.P.(MD) No.22858 of 2024 is closed. 25.11.2024 NCC :

Yes / No (3/3) Index :

Yes / No Internet :

Yes / No dixit

To:

1.The District Collector, District Collector Office, Virudhunagar, Virudhunagar District.

2.The Special District Revenue Officer, Land Acquisition, NH-744, Virudhunagar.

3.The Special Tahsildar, Unit VIII, NH-744, Virudhunagar, Virudhunagar District.

N.MALA, J.

dixit (3/3) 25.11.2024