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2025 DAILYLAW 25784 (MAD)

MUTHU v. UNION OF INDIA

WP/5731/2025 · 2025-04-09

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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WP No. 5731 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 5731 of 2025 AND WMP NO. 6313 OF 2025 1. MUTHU S/o.Adhi Gramani, Mugaiyur Thoppu, Mugaiyur Post, Cheyyur Taluk, Chengalpattu. Petitioner(s) Vs 1. Union Of India Rep. By Its Secretary, Ministry Of Road Transport And Highways, New Delhi. 2.The District Collector Kancheepuram District, Kancheepuram. 3.The Competent Authority and Special District Revenue Officer (la) National Highways, Mamallapuram Puducherry Corridor Varadharajan Street, Vedachalam Nagar, Chengalpattu. https://www.mhc.tn.gov.in/judis WP No. 5731 of 2025 4.The Special Tahsildar Mamallapuram Puducherry Corridor Varadharajan street, Vedachalam Nagar, Chengalpattu. 5.The Regional Officer National Highways Authority Of India, P.I.U Chennai, Sri Tower, 3 rd Floor, Developed Plots 34, Industrial Estate, Guindy, Chennai-32. Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the respondents 2 nd to 4 th to survey and measure the extent of land situated in S.No.329/6A1, No.121, Mugaiyur village, Cheyyur Taluk, Kancheepuram District in accordance with the notification of the 1st respondent vide section 3D (1) of the National Highways Act, 1956 as amended by National Highways Laws Amendment Act, 1997 made in S.O.761(E) dated 05.02.2019 and pay the compensation to the petitioner's land to an extent of 2 1/2 cents to the petitioner. For Petitioner(s): M.Raja Sekhar For Respondent(s): M/s.S.R.Sumathy Standing counsel For R1 And R5 Mr.P.Sathish Agp Takes Notice For R2 to R4 https://www.mhc.tn.gov.in/judis WP No. 5731 of 2025 ORDER This writ petition has been filed for the issue of writ of Mandamus directing the respondents 2 to 4 to survey the subject property and to pay the compensation to the petitioner with respect to an extent of 2 ½ cents. 2. When the writ petition came up for hearing on 24.02.2025, this Court passed the following order :- Mrs.S.R.Sumathy, learned Standing Counsel, takes notice for respondents 1 and 5. 2. Mr.P.Sathish, learned Additional Government Pleader, takes notice for respondents 2 to 4. 3. The grievance expressed by the petitioner is that a total extent of 7½ cents was acquired, whereas, the compensation was paid only for 5½ cents and the same has been put to challenge before the District Collector and it is pending. In the balance extent, drainage has been laid by the Highways Department and the property has also been used for extension of ECR road. Hence, the present writ petition confines itself to the non-payment of compensation for the balance extent. 4. Learned Standing Counsel appearing on behalf of respondents 1 and 5 seeks for some time to take written instructions in this regard. Post this writ petition under the caption 'for orders' on 17.03.2025. 3. The learned Additional Government Pleader based on the written instructions received from the 4 th respondent submitted that the compensation for the balance extent will be determined and paid to the petitioner. https://www.mhc.tn.gov.in/judis WP No. 5731 of 2025 4. In the light of the above development, there shall be a direction to the 4 th respondent to determine the compensation for the balance extent and pay the same to the petitioner within a period of six weeks from the date of receipt of a copy of this order. It goes without saying that if the petitioner is not satisfied with the quantum of compensation awarded, it is always left open to the petitioner to work out his remedy in line with the provisions of the Act 30 of 2013. 5. This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. 09-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 5731 of 2025 To 1.Union Of India Rep. By Its Secretary, Ministry Of Road Transport And Highways, New Delhi. 2.The District Collector Kancheepuram District, Kancheepuram. 3.The Competent Authority And Special District Revenue Officer (la) National Highways, Mamallapuram Puducherry Corridor Varadharajan Street, Vedachalam Nagar, Chengalpattu. 4.The Special Tahsildar Mamallapuram Puducherry Corridor Varadharajanstree, T Vedachalam Nagar, Chengalpattu. 5.The Regional Officer National Highways Authority Of India, P.I.U Chennai Sri Tower 3rd Floor, Developed Plots 34 Industrial Estate, Guindy, Chennai-32. https://www.mhc.tn.gov.in/judis WP No. 5731 of 2025 N.ANAND VENKATESH J. rka WP No. 5731 of 2025 WMP NO. 6313 OF 2025 09-04-2025 https://www.mhc.tn.gov.in/judis