IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.29218 of 2014

P.V.Visakamoorthy

...Petitioner

Vs.

1.

The Special Deputy Collector, (Land Acquisition)

Tamil Nadu Urban Development, Scheme-III,

Poonamallee, Chennai-600 056.

2.

The Divisional Engineer, (Highways)

Tamil Nadu Highways Department, Division-III,

Alandur, Chennai-600 016.

...Respondents

Petition filed under Article 226 of the Constitution of

India to issue a Writ of Mandamus directing the 2nd respondent

herein to consider the representation of the petitioner dated

04.10.2014 requesting appropriate steps for granting suitable

compensation to the demolished building of the petitioner

measuring an extent of 2640 sq.ft., built up area at Old

No.639/9, Periyar EVR Salai, Amijikarai, Chennai-600 029,

comprised in Town Survey No.24, Block No.2, Old Survey No.1/2,

Chinna Koodal Village, Egmore-Nungambakkam Taluk.

For Petitioner

:

M/s.K.Varatha Kamaraj

For Respondents

:

Mr.G.Krishnaraja

Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance

of a Writ of Mandamus to direct the 2^nd respondent to consider

the petitioner's representation dated 04.10.2014 and dispose of

the same within stipulated period of time granted by this Court.

2. The case of the petitioner is that, he owned a land and

building comprising in Old No.639/9, Periyar EVR Salai,

Amijikarai, Chennai-600 029, in Town Survey No.24, Block No.2,

Old Survey No.1/2, measuring an extent of 1232 Sq.ft., Chinna

Koodal Village, Egmore-Nungambakkam Taluk and he paid the taxes

without any default. While so, the petitioner received a notice

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

on 18.03.2014 stating that, the Tamil Nadu Highways Department

had acquired the said land and building for the purpose of

widening the road. Hence, the petitioner approached this Court

vide writ petition in W.P.No.8938 of 2014 and this Court vide

order dated 11.04.2014 directed the Special Collector to send

notice to the petitioner after following the provisions

contemplated under Land Acquisition Act and to provide

appropriate compensation within a period of eight weeks.

Pursuant to the order of this Court, the Special Collector

conducted enquiry on 23.06.2014 and the 1^st respondent sent a

letter communication dated 18.08.2014 to the 2^nd respondent and

recommended the 2^nd respondent to consider the petitioner's

representation for suitable compensation. However, there was no

response thereafter and the respondents continued with

demolishing activities. Therefore, the petitioner made a

representation dated 04.10.2014 before the respondents, however,

till date the said representation was not considered and no

orders were passed on the same. Hence, this Writ petition is

filed seeking direction to the respondents herein to consider

the petitioner's representation and pay the compensation to the

petitioner.

3. Though very many grounds have been raised, learned

counsel for the petitioner submits that, it would suffice if

this Court issues direction to the 2^nd respondent to consider the

petitioner's representation dated 04.10.2014 and pass orders on

the same within a particular time frame fixed by this Court.

4.The learned Government Advocate appearing on behalf of the

respondents has no objection for said order being passed and he

fairly conceded that the petitioner's representation

dated 04.10.2014 will be considered and appropriate orders

will be passed within the time stipulated by this Court.

5. In view of the aforesaid submissions, this Court without

expressing any opinion on the merits of the case directs the 2^nd

respondent to consider the petitioner's representation dated

04.10.2014 on merits and pass appropriate orders in accordance

with law within a period of twelve wee