Allowed

Ulaganatha Pillai Alias v. the Competent Authority Cum

Madras HC5 Feb 2018WP(MD)/2274/2018

Case brief

AI extract

What is this about?

Writ petition filed seeking mandamus to direct the Competent Authority to consider petitioner's objections regarding compensation apportionment for land acquired under the National Highways Act. Court directed consideration without going into merits.

What did the court decide?

Directed first respondent to consider petitioner's objection dated 12.03.2017 while awarding compensation and pass appropriate orders on merits.

Ulaganatha Pillai Alias Vs the Competent Authority Cum — Land Acquisition | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2018 CORAM : THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

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Writ Petition(MD) No.2274 of 2018

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Ulaganatha Pillai @ K.U.Nathan ... Petitioner

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Vs. 1.The Competent Authority cum District Revenue Officer (LANH) NH 47 & 47 B, Observatory Street, Opp., to PWD's Travellers Bungalow, Nagercoil, Agasteeswaram Taluk, Kanyakumari District.

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2.The Executive Officer, Ozhuginasery Vellalar Samuthaya Aadimoola Vinayagar Trust, Ozhuginasery, Behind of Idartheertha Perumal Thirukovil, Vadiveeswaram, Nagercoil, Kottar Post, Agasteeswaram Taluk, Kanyakumari District.

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... Respondents

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Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct the 1st Respondent herein to consider the Petitioner Representation / objection dated 12.03.2017 and Memo dated 01.09.2017 submitted in person in view of Section 3G of National Highways Act 1956 (in respect of 2000 square meter out of total 50 Ares in Resurvey No. 37/6 Therekalputhoor village Agastheeswaram Taluk Kanyakumari District) and determine the compensation and its apportionment in accordance with law.

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For Petitioner : Mr.V.Meenakshisundaram For 1^st Respondent : Mr.M.Rajarajan, Government Advocate. For 2^nd Respondent : Mr.K.Sathiya Singh

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ORDER

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This writ petition has been filed seeking direction to the first respondent to consider the objection of the petitioner dated 12.03.2017 and memo dated 01.09.2017 and determine the compensation and its apportionment in respect of 2000 square meter out of total https://hcservices.ecourts.gov.in/hcservices/ 50 Ares in Resurvey No.37/6, Therekalputhoor Village, Agastheeswaram Taluk, Kanyakumari District.

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2.The petitioner claims to be the cultivating tenant under the second respondent. Earlier, the first respondent has acquired the land belongs to the second respondent for the purpose of extension of National Highways. After acquisition proceedings, now the first respondent is conducting enquiry for awarding compensation. The petitioner being cultivating tenant under the second respondent filed objections for apportionment of compensation which is still pending with the first respondent. Hence, the petitioner has filed the present writ petition.

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3.Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the first respondent to consider the objection of the petitioner dated 12.03.2017 while awarding compensation and pass appropriate orders, on merits and in accordance with law.

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4.With the above direction, the writ petition is disposed of. No costs.

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Sd/Assistant Registrar(CSI) /True Copy/

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Sub-Assistant Registrar

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The Competent Authority cum District Revenue Officer (LANH) NH 47 & 47 B, Observatory Street, Opp., to PWD's Travelers Bungalow, Nagercoil, Agasteeswaram Taluk, Kanyakumari District.

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+One cc to The Special Government Pleader, SR.No.46572

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+One cc to Mr.K.Sathiya Singh, Advocate, SR.No.46113

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+One cc to M/s.D.Nallathambi, Advocate, SR.No.46363

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sms RL/5C/2P/KK/SAR1/14/2/2018

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Writ Petition(MD) No.2274 of 2018

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https://hcservices.ecourts.gov.in/hcservices/

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05.02.2018

Ulaganatha Pillai Alias v. the Competent Authority Cum

Case brief

What is this about?

What did the court decide?

Ulaganatha Pillai Alias v. the Competent Authority Cum

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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