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Madras High CourtWP(MD)/13989/2013disposed of

S. Radhakrishnan v. National Highway Authority

2018-03-05Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2018 C O R A M THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.13989 of 2013 S.Radhakrishnan ... Petitioner Vs.

1. The National Highway Authority of India, Rep. by its DGM (Tech) and Project Director, Project Implementation Unit, No.54, 1st Floor, Natarajapuram North Colony, Medical College Road, Thanjavur-613 004.

2. The District Collector, Thanjavur District, Thanjavur.

3. The Special District Revenue Officer (LA), Cum Authorized Officer, National Highway 67 and 45C, Thirichirappalli.

4. The Special Tahsildar, Land Acquisition-Unit II, National Highway No.67, (Nagapattinam-Thanjavur) Thanjavur.

5. The Special Tahsildar, Land Acquisition-Unit V, National Hihgway NO.45C, (Thanjavur-Vikravandi Section) Gandhiji Roa, Thanjavur.

6. The Tahsildar, Thanjavur, Thanjavur District.

... Respondents (R3 is amended vide Court order dated 05.03.2018 in W.M.P.(MD)No.4435 of 2018)

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, directing the sixth respondent to rectify the mistake in the F.M.B. Sketch of S.No.501/134A of Nanjikottai Village, Thanjavur Taluk as per the proceeding of the third respondent in Na.Ka.E-24/2007 (L.A.), dated .09.2014.

(Prayer amended vide Court order dated 05.03.2018 in W.M.P.(MD)No.4436 of 2018) For Petitioner : Mr.M.Saravanan For R1 : Mr.Rajagopal For R2 to R6 : Mrs.J.Padmavathi Devi Special Government Pleader

O R D E R

As per the amended prayer the petitioner now seeks for a direction to the sixth respondent to rectify the mistake in the F.M.B. Sketch of S.No.501/134A of Nanjikottai Village, Thanjavur Taluk.

2.According to the petitioner he is the owner of the above said property and a part of the land to an extent of 35 square metre has been acquired for widening up the NH-67 and compensation also paid to him. Thereafter, the petitioner sold the remaining land of 2000 square feet to one S.Murugesan. Now in the F.M.B. Sketch the third respondent has wrongly shown as if the entire extent of the property has been acquired. In the above circumstances, he made a representation to the respondents to rectify the mistake on 24.07.2013. Since no action has been taken on the representation of the petitioner, the petitioner has filed the present writ petition.

2.Now the petitioner has filed petitions to amend the prayer restricting his relief.

3.Considering the fact that the representation of the petitioner is pending with the respondents for a long time, the sixth respondent is directed to consider the petitioner's representation and pass suitable orders after affording due opportunity of hearing to the petitioner within a period of six weeks from the date of receipt of a copy of this order. 4.Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

To

1. The District Collector, Thanjavur District, Thanjavur.

2. The Special District Revenue Officer (LA), Cum Authorized Officer, National Highway 67 and 45C, Thirichirappalli.

3. The Special Tahsildar, Land Acquisition-Unit II, National Highway No.67, (Nagapattinam-Thanjavur) Thanjavur.

4. The Special Tahsildar, Land Acquisition-Unit V, National Hihgway NO.45C, (Thanjavur-Vikravandi Section) Gandhiji Roa, Thanjavur.

5. The Tahsildar, Thanjavur, Thanjavur District.

+1cc to Mr.R.Rajagopal, Advocate Sr.No.53098 +1cc to Spl.Government Pleader Sr.No. 53328 +1cc to Mr.R.Subramanian, Advocate Sr.No.53116 TA VB/SKN/RSK/SAR4/21.03.2018/3P/9C W.P.(MD)No.13989 of 2013 05.03.2018