Madras High CourtWP/348/2022dismissed

Dharmalingam v. The Secretary To Government

2023-06-13Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.390 & 391 of 2022 Dharmalingam ... Petitioner Vs.

1. The Secretary to Government, Highways and Minor Ports Department, Fort St.George, Secretariat, Chennai - 9.

2. The Director General, Highways Department, Integrated Chief Engineers Office, HRS Campus, 76 Sardar Patel Road, Guindy, Chennai - 25.

3. The Commissioner of Land Administration, Chepauk, Chennai - 5.

4. The Executive Engineer, Salem District State Highways, Integrated Chief Engineer's Office, HRS Campus, 76 Sardar patel road, Guindy, Chennai - 25.

5. The District Collector,

6. The Special Tahsildar, 1/4

Land Acquisition, Mecheri Taluk,

7. P. Sivakumar ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari, calling for the records in G.O.Ms.No.536 dated 23.12.2020 Part VI Sec. 1 on the file of the 3rd respondent with respect to serial No. 165, Survey No. S.No. 453/6B situated at Parakkallur, Panapuram Post, Mecheri Village, Mettur Taluk, Salem District and quash the same.

For Petitioner : Mr.R.Dilli Kumar For Respondents :

(for R1 to R6 & R8) : Mr.S.Ravichandran, AGP (for R7) : Mr.N.Srinivasan

O R D E R

The relief sought in the present writ petition is to call for the records in G.O.Ms.No.536 dated 23.12.2020 Part VI Sec. 1 on the file of the 3rd respondent with respect to serial No. 165, Survey No. S.No. 453/6B situated at Parakkallur, Panapuram Post, Mecheri Village, Mettur Taluk, Salem District and quash the same.

2.The petitioner is questioning the land acquisition proceedings and claiming compensation on the ground that he is the absolute owner of the property which was acquired by the Government. The learned Additional 2/4

Government Pleader, appearing on behalf of the respondents, brought to the notice of this Court that as per the revenue records, the 7th respondent was found to be the owner of the property and the land acquisition proceedings were concluded. The compensation had also been settled in favour of the land owners. The right of the 7th respondent was crystallised in a civil proceeding in A.S.No.2 of 2005 dated 15.07.2007 and S.A.No.1567 of 2018 dated 23.03.2021 since the SLP filed against the order passed in the Second Appeal was also dismissed. Thus the right of the 7th respondent was crystallised and the 7th respondent had already received the compensation as determined by the competent authorities. 3.This being the factum, no further adjudication needs to be undertaken in respect of the grounds raised in the writ petition. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (sha) 13.06.2023 Index : Yes (2/2) Speaking Order 3/4

S.M.SUBRAMANIAM . J., (sha) To