R.Chokkappan S/O Ramakrishnan v. The Project Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA R.Chokkappan .. Petitioner Vs.

1.The Project Director, National Highways Authority of India, Transport Department, Plot No.3, Surya Towers, First East Street, K.K.Nagar, Madurai-20.

2.The District Collector, Virudhunagar District, 3.The Special District Revenue Officer, District Collectorate - D.Section, Land Acquisition - National Highways, Virudhunagar-626 101.

4.The Revenue Divisional Officer, Aruppukottai Taluk, 5.The Special Tahsildar (L.A.), National Highways-38,

Aruppukottai, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to pay the compensation as on the date of the market value of the lands of the petitioner in S.No,60/19 having an extent of 0.11.50 hectares and an extent of 0.11.50 hectares in S.No 60/20A in Kattukuthagai karisalakulam Village, Kariapatti Taluk, Virudhunagar District along with damages for the unauthorized use and occupation from the date of taking over possession till the date of payment of compensation or to surrender the vacant possession of the said lands. and pass such further or other orders or direction.

For Petitioner :

Mr.S.Kadarkarai For R1 :

Mr.S.Sankarapandian for Mr.C.Arulvadivel Associates For R2 to R4 :

Mr.B.Saravanan Additional Government Pleader

ORDER

Today, an inspection report dated 14.10.2024 has been filed before this Court wherein at Clause 3, it has been stated as follows: "3. The Revenue Divisional Officer, Virudhunagar, has informed that as per the revenue

records this link road was initially constructed by NHAI & thereon its possession was taken by State highway (C&M) department. The Revenue Divisional Officer, Virudhunagar also confirmed that the link road is falling on the survey no. 60/19 and 60/20A which belongs to Shri.Chokkappan, Kariyapatti and no compensation for acquisition of said land has been paid."

2. In the light of the said report dated 14.10.2024, which has been jointly signed by the (i) Project Director, NHAI - PIU - Tuticorin; (ii) Revenue Divisional Officer, Viruthunager; (iii) Assistant Divisional Engineer, Highways (C&M), Aruppukottai; (iv) Manager (Tech), NHAI - PIU - Tuticorin; (v) Head Surveyor, Kariyapatti; and (vi) Village Administrative Officer, Kariyapatti, the compensation shall be paid by the State Highways Authority to the petitioner within a period of four months from the date of receipt of a copy of this order. It is needless to state that the compensation would be paid with interest from the date of taking over the possession.

3. With the above directions, this Writ Petition is disposed of. No costs.

21.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Virudhunagar District, 2.The Special District Revenue Officer, District Collectorate - D.Section, Land Acquisition - National Highways, Virudhunagar-626 101.

3.The Revenue Divisional Officer, Aruppukottai Taluk,

P.T.ASHA, J.

abr Dated: 21.10.2024