A. Albert v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA A.Albert ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Special District Revenue Officer, Land Acquisition - National Highways NH-45, Trichy District.

3.The Special Tahsildar, National Highways NH 45- Space-1, Srirangam Taluk, Trichy District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 to release the pending compensation amount in favour of the petitioner for the land acquisition done by them for the expansion of four way lane of NH - 45 by considering the petitioner's representation, dated 06.11.2024. 1/5

For Petitioner : Mr.P.Ranjith Kumar For Respondents : Mr.A.Kannan Additional Government Pleader

O R D E R

The writ petition is filed for a direction to the respondents 2 and 3 to release the pending compensation amount in favour of the petitioner for the land acquisition done by them for the expansion of four way lane of NH - 45, by considering the petitioner's representation, dated 06.11.2024.

2. The land of the petitioner's church to an extent of 332 square metre was acquired by the National Highways Authority of India for laying a four way lane and the compensation of Rs.16,93,192.59 was also paid in the name of ex pastor, namely, Seeder, on behalf of his organization. At the time of disbursement of compensation, a sum of Rs.1,90,954/-, was retained towards 10% deduction. Subsequently, ex pastor, namely, Seeder died on 14.08.2011, and the petitioner was elected to the post of Pastor. The petitioner thereafter claimed the pending compensation of Rs.1,90,954/- retained towards 10% tax deduction, but the claim of the petitioner was not considered. The petitioner therefore gave a representation on 06.11.2024 to the respondents. As no action was taken by the respondents, the petitioner filed the above writ petition for the aforesaid relief.

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3. The learned counsel for the petitioner submits that though a large relief is claimed in the writ petition, it would suffice if a direction is issued to the first respondent to dispose of the petitioner's representation, dated 06.11.2024 within a time frame fixed by this Court.

4. Considering the limited submission made by the learned counsel for the petitioner, a direction is issued to the first respondent to consider the petitioner's representation, dated 06.11.2024 and pass orders on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition stands disposed of. No costs. 28.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 3/5

To:

1.The District Collector, Trichy District, Trichy.

2.The Special District Revenue Officer, Land Acquisition - National Highways NH-45, Trichy District.

3.The Special Tahsildar, National Highways NH 45- Space-1, Srirangam Taluk, Trichy District.

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N.MALA, J.

SN 28.11.2024 5/5