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2014 DIGILAW 808 (MAD)

K. Elumalai Naicker v. District Collector

2014-04-01

C.S.KARNAN

body2014
Judgment : 1. The petitioner has filed this Writ Petition seeking for a Writ of Mandamus to direct the respondents to refer the dispute to the competent Civil Court under Section 20 of Tamil Nadu Highways Act, 2001 for the re-determination of the compensation for the lands of building in S.No.42/2M at Seevaram Village, Perungudi, Chennai. 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. The learned counsel appearing for the petitioner submitted that having not satisfied with the compensation awarded by the 1st respondent in respect of the land and building, the petitioner has left with no other option except to seek a reference to the Civil Court. Hence, the petitioner approached the 1st respondent by submitting representations dated 1.10.2009 and 7.10.2009 requesting the 1st respondent to refer the matter to the competent Civil Court for the enhancement of compensation under Section 20 of the Tamil Nadu Highways Act,2001. In spite of receiving the petitioner's representation, the 1st respondent has not referred the matter to the Civil Court. In fact the 1st respondent by its proceedings dated 2.11.2009 directed the 2nd respondent to take appropriate action. But till today, neither the 1st respondent nor the 2nd respondent has not taken any action on the representations of the petitioner. Therefore, the direction may be given to the 1st respondent to refer the matter to the competent Civil Court within the time frame. 4. The learned Special Government Pleader has produced a letter dated 28.3.2014 addressed to the Special Government Pleader, High Court, Chennai, before this Court and in that letter it is stated that the petitioner to refer the petition dated 1.10.2009 addressed to Special Deputy Collector (LA), IT Expressway, Tambaram and 7.10.2009 petition addressed to the Land Acquisition Officer (i.e) The Collector, Kancheepuram under Section 20(1) of the Tamil Nadu Highways Act 2001, action is being taken to the jurisdictional Civil Court and the petitioner's request was not rejected so far. Now due to General Election 2014 all Revenue Officers have been fully diverted for election works. Hence, the learned Special Government Pleader requested that time may be given to the respondents to refer the matter to the competent Civil Court for enhancement of compensation. 5. Now due to General Election 2014 all Revenue Officers have been fully diverted for election works. Hence, the learned Special Government Pleader requested that time may be given to the respondents to refer the matter to the competent Civil Court for enhancement of compensation. 5. Considering the submissions of both sides counsel and the above said facts and circumstances of the case, I direct the 1st respondent to refer the dispute to the competent Civil Court under Section 20 of Tamil Nadu Highways Act, 2001 for the re-determination of the compensation for the lands of building in S.No.42/2M at Seevaram Village, Perungudi, Chennai, within a period of twelve weeks from the date of receipt of a copy of this order. 6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.