Madras High Court
Mr.K.Rakesh Kumar vs The District Collector/ Land ... on 7 September, 2021
W.P.No.18835 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.18835 of 2021
Mr.K.Rakesh Kumar ... Petitioner
Vs.
1. The District Collector/ Land Acquisition Officer,
Office of the District Collector,
GST Road,
Chengalpet-603 001.
2. The Special Tahsildar (Land Acquisition),
I.T. Express Highway Scheme,
Tambaram. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India,
to issue a writ of Mandamus to direct the 1 st respondent to dispose the
petitioner representation dated 01.07.2021 pending on the file of the first
respondent in accordance with law.
For Petitioner : Mr.K.J.Saravanan
For Respondents : Mr. K.M.D.Muhilan
Government Advocate
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1/6
W.P.No.18835 of 2021
ORDER
This writ petition has been filed for a mandamus to direct the first
respondent to dispose the petitioner representation dated 01.07.2021
pending on the file of the first respondent in accordance with law.
2.The case of the petitioner is that he is the absolute owner of the
property to the extent of 0.18 ½ cents in S.No.139/2G and to the extent
of 0.8 ½ cents in S.No.121/13A situated at Thandalam Village,
Kanchipuram District to the extent of 0.22 cents in S.No.160/1C, Patta
No.3563 and to the extent of 0.26 cents in S.No.160/1B as per patta 3567
S.No.160/1B1B at Thiruporur Village, Kanchipuram District.
3.The petitioner submits that the first respondent acquired his
above said property for IT Express Highway Scheme (Phase II) under
Tamil Nadu Highways Act, 2001 and compensation was determined, the
above compensation was not arrived in manner known to the rules and
regulations framed by the Authorities concerned.
4.The petitioner further submits that before determining the
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W.P.No.18835 of 2021
compensation amount and the rules and regulations of the Tamil Nadu
Highways Act, 2001 and the guideline issued by the several judgments of
this Court and the Hon'ble Supreme Court was not taken for
consideration, in several cases it has been observed that the market value
of the land at the date of publication of the notification, the damage
sustained by the person interested at the time of the Collector's taking
possession of the land, the damage (if any), sustained by the person
interested by reason of the acquisition injuriously affecting his other
property, movable or immovable or in any other manner or his earnings,
consequence of the acquisition of the land, and the damage (if any) bona
fide resulting from diminution of the profits of the land between the time
of the publication of the declaration.
5.According to the petitioner, the market value of the land is very
high in the above said area comparing with the amount determined by the
Authority and she made several expenditures for the said land in turn the
amount of compensation determined is very low and the market value is
Rs.10,00,000/- per cent which has not been taken into consideration by
the Authority.
6.The petitioner submits that he sent a representation dated
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W.P.No.18835 of 2021
01.07.2021 to the first respondent to refer the above matter relating to the
determination of compensation to the competent Civil Court, for
determination of the appropriate compensation, as per the provisions of
the Land Acquisition Act, 1894, read with Section 20 of the Tamil Nadu
Highways Act, 2001 and the same was received by the first respondent
but it was not disposed till today.
7.The petitioner has no other alternative remedy except to
approach this Court under Article 226 of the Constitution of India.
Hence, the writ petition filed.
8.The learned Government Advocate for the respondents submit
that without considering anything on merits and also including the point
of limitation, the representation dated 01.07.2021 will be considered and
appropriate orders will be passed by the Authorities within a time frame.
9.Heard, learned counsel for the petitioner and the learned
Government Advocate for the respondents and perused the materials
available on record.
10.In view of the above and the submission made by the petitioner
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W.P.No.18835 of 2021
as well as the learned Government Advocate for the respondents, this
Court is of the view that the Authorities shall consider the representation
dated 01.07.2021 in accordance with law and pass appropriate orders
based on the request made by the petitioner referring the matter to the
competent Civil Court for fixing the compensation and after affording an
opportunity to the petitioner, within a period of three months from the
date of receipt of a copy of this order. No costs.
11.With the above direction, this Writ Petition is disposed of.
No costs.
07.09.2021
Index : yes/no
Internet : yes/no
Speaking Order:yes/no
pam
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W.P.No.18835 of 2021
V.BHAVANI SUBBAROYAN, J.
pam
To
1. The District Collector/ Land Acquisition Officer
Office of the District Collector,
GST Road,
Chengalpet-603 001.
2. The Special Tahsildar (Land Acquisition),
I.T. Express Highway Scheme,
Tambaram.
W.P.No.18835 of 2021
07.09.2021
https://www.mhc.tn.gov.in/judis/
