Madras High CourtWP/2758/2021disposed of with direction

V.R.Saravanan v. The Principal Chief Engineer

2024-08-12Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.3097 and 3106 of 2021 Prayer in W.P.No.2758 of 2021 1.V.R.Saravanan 2.Muthusamy 3.Radhamani 4.Kalaiselvi ... Petitioners Vs.

1. The Principal Chief Engineer, WRO, Public Works Department, Chepauk, Chennai-600 005.

2.The District Collector, Salem District, Salem.

3.The Sub-Collector, Mettur, Salem District.

4.The Tahsildar, Mettur, Salem District.

... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to forbear the respondents from constructing canal in the petitioners agricultural patta land at Survey Nos.87/1B2, 87/1E, 86/4, 86/5B, 91/4B and 91/2B, Soorapalli Village, Mettur Division, Salem District connecting Kuppampatti lake and Jalagandapuram lake, without due process of law. Prayer in W.P.No.2760 of 2021 1.Pachamuthu 2.Vedappan 3.M.Pazhanisamy 4.M.Chinnamuniyan 5.Mariammal 6.Anjali 7.Periyasamy 8.Mathiazhagan 9.Vasantha 10.Veerappan 11.Raja 12.Chinnapaiyan 13.Rajendran ... Petitioners Vs.

1. The Principal Chief Engineer, WRO, Public Works Department, Chepauk, Chennai-600 005.

2.The District Collector, Salem District, Salem.

3.The Sub-Collector, Mettur, Salem District.

4.The Tahsildar, Mettur, Salem District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to forbear the respondents from laying pipelines in the petitioners agricultural patta land at S.Nos.195/2, 151/2L, 151/3G, 188/1, 151/2C, 151/2K, 151/3C, 151/3H, 186/5, 253/2A, 183/3A, 152/1D, 151/1E, 152/IE2, 183/3A & 182/3B, Pappambadi Village, Omalur Taluk, Salem District, connecting Vellalapuram Lake and Vadukampatti Lake, without due process of law. In both petitions For Petitioners :

Mr.S.Parthasarathy For Respondents :

Mr.L.S.M.Hasan Fisal Additional Government Pleader C O M M O N O R D E R The Writ Petition in W.P.No.2758 of 2021 has been filed to forbear the respondents from constructing canal in the petitioners' agricultural patta land situated at Survey Nos.87/1B2, 87/1E, 86/4, 86/5B,

91/4B and 91/2B, in Soorapalli Village, Mettur Division, Salem District connecting Kuppampatti lake and Jalagandapuram lake, without due process of law.

2. The Writ Petition in W.P.No.2760 of 2021 has been filed to forbear the respondents from laying pipelines in the petitioners' agricultural patta land situated at S.Nos.195/2, 151/2L, 151/3G, 188/1, 151/2C, 151/2K, 151/3C, 151/3H, 186/5, 253/2A, 183/3A, 152/1D, 151/1E, 152/IE2, 183/3A & 182/3B, in Pappambadi Village, Omalur Taluk, Salem District, connecting Vellalapuram Lake and Vadukampatti Lake, without due process of law.

3. The learned counsel appearing for the petitioners in both the writ petitions submits that the petitioners are the owners of the aforesaid properties and though the properties of the petitioners were utilized by the respondents for laying pipelines and constructing canal, no fair compensation was given. Hence, the writ petitions have been filed.

4. The learned Additional Government Pleader appearing for the respondents submits that during the pendency of this petition, in respect of the lands belonging to the petitioners utilized by the respondents, an award was passed in Na.Ka.No.2203/2024/E dated .08.2024 and the amount was deposited before the concerned Court.

5. In view of the above submission made by the learned Additional Government Pleader appearing for the respondents, no further order is required to be passed in this writ petition. Accordingly, these Writ Petitions are disposed of with liberty to the petitioners to file appropriate application before the concerned Court for reimbursement of the compensation. There shall be no order as to costs. Connected miscellaneous petitions are closed.

12.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

1. The Principal Chief Engineer, WRO, Public Works Department, Chepauk, Chennai-600 005.

2.The District Collector, Salem District, Salem.

3.The Sub-Collector, Mettur, Salem District.

4.The Tahsildar, Mettur, Salem District.

M.DHANDAPANI, J.

ssb and W.M.P.Nos.3097 and 3106 of 2021 12.08.2024