1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 22.12.2016 CORAM THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.43993 of 2006 D.Pugalendhi .. Petitioner Versus 1.The District Collector, Kancheepuram District, Collectorate, Kancheepuram. 2.The Special Tahsildar, Land Acquisition Office of the Special Tahsildar, Construction Division, Oragadam Industrial Park Road, Sriperumbudur. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to consider the representation given by the petitioner dated 05.12.2016 with regard to final compensation to be paid to the petitioner for the above said land acquisition in respect of the petitioner's land in S.No.303/15 (New S.No.303/15P), S.No.303/14 (New S.No.303/14P) and S.No.300/15 (New S.No.300/15P) situated in No.2 of Vandalur Village, Chengalpattu Taluk, Kancheepuram District. For Petitioner : Mr.M.Muthappan For Respondents : Mr.R.Govindasamy, 2 Special Government Pleader O R D E R Mr.D.Pugalendhi/the petitioner, who claims to be the owner of the lands in S.No.303/15 (New S.No.303/15P), S.No.303/14 (New S.No.303/14P) and S.No.300/15 (New S.No.300/15P) situated in No.2 of Vandalur Village, Chengalpattu Taluk, Kancheepuram District, has come to this Court seeking a direction to the respondents to consider his representation dated 05.12.2016 with regard to the final compensation to be paid to him for the above said lands. 2.The case of the petitioner is that the said lands are acquired under Section 15(1) of the Tamil Nadu Highways Act 2001. An enquiry was conducted by the District Revenue Officer on 27.08.2015 and the market value of the lands sought to be acquired, was contested by the petitioner by producing relevant sale deeds. But the same has not been considered. Resultantly, the District Collector/first respondent herein has fixed the interim compensation at Rs.400/- per sq.ft. overlooking the objections made by the petitioner for grant of interim compensation in Award No.9 of 2015. Subsequently, the respondents issued a notice on 01.11.2016 directing the petitioner to receive interim compensation by producing relevant documents. Therefore, the petitioner has filed objections to the 3 fixation of interim compensation at Rs.400/- per sq.ft. on 01.11.2016. Although the same was received by the respondents, they refused to receive the objections filed by the petitioner in person informing him to send the objections by way of Registered Post. Accordingly, the same was also done on 05.12.2016. According to the petitioner, the District Collector, before fixing the final compensation amount to be awarded for acquisition, has to consider the objections and to give an opportunity of personal hearing, as per Section 19(2) (3) and (4) of the Tamil Nadu Highways Act 2001. As there is an apprehension on the part of the petitioner that the District Collector may summarily pass an order without hearing the petitioner, he has come to this Court for the above said direction. 3.Mr.R.Govindasamy, learned Special Government Pleader appearing for the respondents would submit that as the Collector has already determined the interim compensation in the Award No.9/2015 under the provisions of Section 19(2), (3) and (4) of the Tamil Nadu Highways Act, the petitioner may be considered, while fixing the final compensation. 4.Recording the above statement made by the learned Special Government Pleader appearing for the respondents and as the District Collector is bound by Section 19(3) which mandates him to give an opportunity to every person to whom the amount has to be paid before 4 T.RAJA,J. vga determining the final compensation, this Court directs the District Collector/the first respondent herein to apply his mind under Section 19(2), (3) and (4) of the Tamil Nadu Highways Act and pass appropriate orders on merits, within a period of four weeks from the date of receipt of a copy of this order, at the time of passing final orders on the representation dated 05.12.2016. 5.Accordingly, this writ petition is disposed of. No costs. 22.12.2016 3/3 vga To 1.The District Collector, Kancheepuram District, Collectorate, Kancheepuram. 2.The Special Tahsildar, Land Acquisition Office of the Special Tahsildar, Construction Division, Oragadam Industrial Park Road, Sriperumbudur. Writ Petition No.43993 of 2016 http://www.judis.nic.in