Madras High Court
G.Venkataachalam vs The State Rep By The Additional Chief ... on 14 August, 2024
W.P.No.21670 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :14.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.21670 of 2024 and
W.M.P.Nos.23642, 23643, 23644 of 2024
G.Venkataachalam ...Petitioner
Vs.
1. The State rep by the Additional Chief Secretary
Highways and Minor Ports Department,
Government of Tamil Nadu
Fort St.George, Chennai-600 009.
2.The District Collector
Thiruvarur
Collectorate First Floor,
Nagapattinam road, Thandalai
Thiruvarur District-610 004.
3.The Special District Revenue Officer (L&A)
CKICP Door No.21, Aishwarya Nagar, Chennai road
Koranaattu Karuppur, Kumbakonam-612 501.
4.The Divisional Engineer(L& A)
CKICP Door No.21, Aishwarya Nagar, Chennai road
Koranaattu Karuppur, Kumbakonam-612 501.
5. The Separate Vattachiar (L & A)
Chennai-Kanyakumari Industrial Project (SH-23)
No.17 Guru Dhakshanamoorthy Nagar
Block No.14, Thanjavur road, Thiruvarur-610 001.
6.The Assistant Engineer (SHD)
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https://www.mhc.tn.gov.in/judis
W.P.No.21670 of 2024
Chennai-Kanyakumari Industrial Project
Door No.01, Shree Guru Nagar
No.562/1B, Thanjai Salai, By pass road,
Vijayapuram, Thiruvarur-610 001. ..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorari, call for the records of the 3rd respondent
culminating in the notification ref. Na.Ka.No 248 / 2019 / A1 dated
05.11.2020 and the subsequent Award ref. No 86 / 2020-21 dated 25.02.2021
passed by the Special District Revenue officer (L& A) Chennai -Kanyakumari
Industrial Corridor project Kumbakonam ref. No RC. No 248 / 2019 / A1
(SH-23) dated 10.05.2023 and the proceedings of the special District Revenue
officer (LA) Chennai, Kanyakumari Industrial corridor project, Kumbakonam
quash the same in so far it relates to the petitioners lands measuring an extent
of 62square meters of land comprised in survey No 144/1B and patta No.1002
Panangudi village, Nannilam Taluk, Tiruvarur is concerned.
For Petitioner : Mr.B.Harikrishnan
For Respondents 1 to 6: Mr.G.Krishna Raja
Additional Government Pleader
ORDER
The writ petition is filed challenging the notice issued by the 3 rd respondent under Section 19 of State Highways Act and the final award passed by him under Section 19 of State Highways Act determining the compensation for the lands acquired from the petitioner.
2/5https://www.mhc.tn.gov.in/judis W.P.No.21670 of 2024
2. If the petitioner is not satisfied with the quantum of compensation fixed by the competent authority in an enquiry under Section 19 of State Highways Act, it is for him to seek a reference under Section 20 of State Highways Act. Instead of seeking reference, the petitioner is not entitled to approach this Court by filing a writ petition. Therefore, this Court is not inclined to entertain the writ petition. However, it is open to the petitioner to approach the competent authority seeking reference to Civil Court for enhancement of the compensation. If any such request is already made or if any such request is made now by the petitioner, the same shall be considered by the competent authority subject to law of limitation and in accordance with law.
3. With this observations, the writ petition stands dismissed.
Consequently, the connected miscellaneous petitions are closed. No costs.
14.08.2024
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No nr 3/5 https://www.mhc.tn.gov.in/judis W.P.No.21670 of 2024 To
1. The Additional Chief Secretary Highways and Minor Ports Department, Government of Tamil Nadu Fort St.George, Chennai-600 009.
2.The District Collector Thiruvarur Collectorate First Floor, Nagapattinam road, Thandalai Thiruvarur District-610 004.
3.The Special District Revenue Officer (L&A) CKICP Door No.21, Aishwarya Nagar, Chennai road Koranaattu Karuppur, Kumbakonam-612 501.
4.The Divisional Engineer(L& A) CKICP Door No.21, Aishwarya Nagar, Chennai road Koranaattu Karuppur, Kumbakonam-612 501.
5. The Separate Vattachiar (L & A) Chennai-Kanyakumari Industrial Project (SH-23) No.17 Guru Dhakshanamoorthy Nagar Block No.14, Thanjavur road, Thiruvarur-610 001.
6.The Assistant Engineer (SHD) Chennai-Kanyakumari Industrial Project Door No.01, Shree Guru Nagar No.562/1B, Thanjai Salai, By pass road, Vijayapuram, Thiruvarur-610 001.
4/5https://www.mhc.tn.gov.in/judis W.P.No.21670 of 2024 S.SOUNTHAR, J.
nr W.P No.21670 of 2024 and W.M.P.Nos.23642, 23643, 23644 of 2024 14.08.2024 5/5 https://www.mhc.tn.gov.in/judis