High Court Madras High Court

K.Sathiyamoorthy vs The Chairman on 18 November, 2010

Madras High Court
K.Sathiyamoorthy vs The Chairman on 18 November, 2010
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 18/11/2010

CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN

Writ Petition (MD) No.13706 of 2010


1.K.Sathiyamoorthy
2.R.Muthusubramanian				.. Petitioners
	
Versus

1.The Chairman,
  National Highways Authority of India,
  New Delhi.

2.The Project Director,
  National Highways Authority of India,
  Vengamedu,
  Karur.

3.The Special Tahsildar,
  (Land Acquisition), National Highways No.7 Division-I,
  District Collector Office Campus,
  Karur.

4.The District Collector,
  Karur.					.. Respondents


Prayer

Petition filed under Article 226 of the Constitution of India, praying
for the issuance of a Writ of Certiorarified Mandamus, calling for the records
of the third respondent in Na.Ka.A1/365/2008, dated 30.04.2009 and quash the
same as illegal and directing the respondents to pay the compensation as per the
market value of the land acquired.

!For petitioners  ... M/s.S.Muthukrishnan
^For respondents  ... Mr.K.K.Senthilvelan
1 and 2               Assistant Solicitor General of India

For respondents   ... Mr.K.M.Vijaya Kumar
3 and 4    	      Special Government Pleader


:ORDER

Heard Mr.S.Muthukrishnan, the learned counsel appearing on behalf of the
petitioners, Mr.K.K.Senthilvelan, the learned Assistant Solicitor General of
India, appearing on behalf of the respondents 1 and 2, as well as Mr.K.M.Vijaya
Kumar, the learned Special Government Pleader appearing on behalf of the
respondents 3 and 4.

2. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the petitioners had submitted that it would suffice, if
the representation of the petitioner, dated 26.07.2010, is directed to be
disposed of, on merits and in accordance with law, within a specified period.

3. The learned counsels appearing on behalf of the respondents, have no
objection for such an order being passed by this Court.

4. In view of the averments made in the affidavit filed in support of this
petition and in view of the submissions made by the learned counsel appearing on
behalf of the petitioner, the fourth respondent is directed to consider and
dispose of the petitioner’s representation, dated 26.07.2010, on merits and in
accordance with law, within a period of twelve weeks from the date of receipt
of a copy of this order. The petitioner is directed to submit a copy of the
representation, dated 26.07.2010, along with a copy of this order, to the fourth
respondent. However, it is made clear, that this Court, by this order, has not
expressed any opinion on the merits of the matter.

5. The writ petition stands disposed of, with the above directions. No
costs.

srm

To

1.The Chairman,
National Highways Authority of India,
New Delhi.

2.The Project Director,
National Highways Authority of India,
Vengamedu,
Karur.

3.The Special Tahsildar,
(Land Acquisition), National Highways No.7 Division-I,
District Collector Office Campus,
Karur.

4.The District Collector,
Karur.