A. SUMITHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus by calling for the records of the third respondent relating to the passing of the impugned order dtd. 19/11/2015 in Reference Na.Ka.No.20/2010/aa quash the same and consequentially to direct the third respondent to refer Award No.8 of 2011 dtd. 12/8/2011 to the civil Court for adjudication regarding enhancement of the compensation in respect of the land acquired in Survey No.496/6J measuring an extent of 200 sq.mts. situated in Pondhur Village, Sriperumbudur Taluk and Kanchipuram District.

(2.) The case of the petitioner is that the petitioner's land was acquired under the Tamil Nadu Highways Act, 2001 and 15(1) notification was issued in the name of original owner and after noticing the public general notice dtd. 18/11/2009 in the Tamil Daily Newspaper namely, Dhinakaran, dtd. 28/11/2009, the petitioner made representation to the respondents on 14/12/2009 and without hearing the petitioner, the award was passed in Award No.08/2011 on 12/8/2011.

(3.) The further case of the petitioner is that thereafter, the petitioner again made representation to the third respondent on 15/12/2011 pointing out that the acquisition proceedings were initiated in the name of the petitioner's vendor and not in the name of the petitioner and that she is entitled receive compensation and seeking inclusion of her name in the award and for referring the matter to the competent Court for enhancement of compensation. Thereafter, vide proceedings of the third respondent dtd. 29/12/2011 the petitioner's name was included and she was awarded compensation of Rs.3,23,413.00, however, the petitioner's request for reference to the competent civil Court was rejected on the ground that she has to make application within 60 days from the date of award i.e., 12/8/2011. Aggrieved by the same, the petitioner has filed this writ petition.