Disposed

R.Selvadurai v. District Revenue Officer

Madras HC7 Jun 2022WP/13206/2022

Case brief

AI extract

What is this about?

Two writ petitions were filed by land owners seeking a direction to the District Revenue Officer and Special Tahsildar to consider a representation regarding the non-referral of land acquisition award proceedings to the Civil Court under the Tamil Nadu Highways Act, 2001.

What did the court decide?

Direction to the District Revenue Officer to consider the petitioners' representation and dispose of the same in accordance with law within six weeks.

R.Selvadurai Vs District Revenue Officer — Land Acquisition | Madras HC (2022)

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W.P.Nos.13206 & 13207 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.06.2022

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CORAM:

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THE HON'BLE MR.JUSTICE M.DHANDAPANI

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W.P.Nos.13206 & 13207 of 2022

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R. Selvadurai ..... Petitioner in

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Syed Ali ..... Petitioner in

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Vs.

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District Revenue Officer, Chennai Outer Ring Road, CMDA, Koyambedu, Chennai-600 092.

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Special Tahsildar (Land Acquisition), Chennai Outer Ring Road Scheme-I, Poonamallee, Thookanampattu, Chennai-600 056. ..... Respondents in both WPs

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PRAYER IN BOTH WPs : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus by directing the Respondents to consider the petitioner's representation dated 17.03.2021 and refer the award proceedings Na.Ka.4/2013/Se.Vae.Va.Sa/Thiruvallur dated 10.08.2020 under Section 20(1) of the Tamil Nadu Highways Act,

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.13206 & 13207 of 2022

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In both WPs :

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For Petitioner : M/s. R. Subramanian For Respondent : Mr. G. Krishna Raja, Additional Government Pleader

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C O M M O N O R D E R

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These petitions have been filed seeking a direction to the Respondents herein to consider the representation dated 17.03.2021 and to

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refer the award proceedings dated 10.08.2020 to the competent Civil Court under Section 20(1) of the Tamil Nadu Highways, 2001.

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2.Mr. G. Krishna Raja, learned Additional Government Pleader

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takes notice for Respondents.

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It is the case of the petitioners that their father's land along with

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the adjacent lands was acquired by the Highways Authorities under Tamilnadu Highways Act, (Act 34 of 2022) on 29.04.2014, for which, the petitioners received a compensation amount under Right to Fair

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.13206 & 13207 of 2022

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compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, however, the compensation was received under protest as the same was very meagre. The Respondents ought to have referred the matter to the District Court as per Section 20(1) of Tamilnadu Highways Act, 2001, however, the same was not done by the Authorities. Hence, the petitioners made a representation dated 17.03.2021 with regard to the same before the respondents herein. However, till date, the same has not been considered. Hence, the petitioners have come up with the present petitions.

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Though very many grounds have been raised, learned counsel

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for the petitioners submits that it would suffice if this Court issues a direction to the Respondent herein to consider the representation dated 17.03.2021 made by the petitioner, within the time that may be stipulated by this Court.

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Learned Additional Government Pleader appearing for the

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respondent submits that the petitioner's representation dated 17.03.2021 will

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.13206 & 13207 of 2022

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be considered and disposed of in accordance with law, within the time that may be stipulated by this Court.

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In view of the aforesaid submissions, this Court, without

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expressing any opinion on the merits of the case, directs the 1^st Respondent/District to consider the representation dated 17.03.2021 made by the petitioners in terms of Section 20 of the Act and dispose of the same in accordance with law, within a period of Six weeks from the date of receipt of a copy of this order.

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Accordingly, these writ Petitions are disposed of with the

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aforesaid direction. No costs.

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07.06.2022

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NHS

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Index : Yes / No Internet : Yes / No

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.13206 & 13207 of 2022

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District Revenue Officer, Chennai Outer Ring Road, CMDA, Koyambedu, Chennai-600 092.

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Special Tahsildar (Land Acquisition), Chennai Outer Ring Road Scheme-I, Poonamallee, Thookanampattu, Chennai-600 056.

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.13206 & 13207 of 2022

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M.DHANDAPANI, J.

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NHS

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W.P.Nos.13206 & 13207 of 2022

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07.06.2022

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https://www.mhc.tn.gov.in/judis

R.Selvadurai v. District Revenue Officer

Case brief

What is this about?

What did the court decide?

R.Selvadurai v. District Revenue Officer

Case brief

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