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Madras High CourtWP/5218/2019disposed of

Arun Kumar Sharma v. District Collector

2019-03-14Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2019

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P. No.5218 of 2019 Mr.Arun Kumar Sharma .. Petitioner Vs.

1.District Collector, Kanchipuram District, Collectorate Office, Kanchipuram.

2.Special Tahsildar, Airport Extension Scheme, Sriperumudur Taluk, Kanchipuram District.

.. Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue WRIT OF MANDAMUS, directing the respondents to grant compensation for acquiring petitioner Plot situated at No.79, Kolappakkam Village, Sriperumudur Taluk, Kanchipuram District, comprised in New Survey No.259/2, Old Survey No.204/1A3, in Patta No.2799 admeasuring 1507 square feet lay-outed in Ashtha Lakshmi Nagar, registered on the file of Pammal Sub-Registrar Office.

For petitioner : Mr.S.Ravichandran For R1 & R2 : Mr.M.Elumalai Government Advocate * * * * *

O R D E R

The petitioner has filed the Writ Petition praying to issue a WRIT OF MANDAMUS, directing the respondents to grant compensation for acquiring petitioner Plot situated at No.79, Kolappakkam Village, Sriperumudur Taluk, Kanchipuram District, comprised in New Survey No.259/2, Old Survey No.204/1A3, in Patta No.2799 admeasuring 1507 square feet lay-outed in Ashtha Lakshmi Nagar, registered on the file of Pammal Sub-Registrar Office.

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2.When the matter was taken up for hearing, the learned Government Advocate appearing for the respondents submitted that on instruction placed a letter No.91/2010/A dated 14.03.2019 of the Special Tahsildar, Airport Extension Scheme, Sriperumudur Taluk, Kanchipuram District, wherein the Special Tahsildar has stated that the notification was issued for the acquisition of the land to an extent of 16.65 acres for the purpose of extension of Airport. Now, the land acquisition reduced from 16.65 acres to 9.69 acres. Hence, the Survey No.204/1A1 0.10.0 acres land excluding from the land acquisition proceedings, which includes the Survey No.204/7 pertaining to the petitioner. The said recommendation was made on the letter submitted by the Airport Authority of India vide Lr.No.AAI/CH/LM-28(15.67)/2019/2583-2592 dated 30.01.2019. 3.

By recording the aforesaid recommendation of the Special Tahsildar, Airport Extension Scheme and the submission of the learned Government Advocate, nothing survives for adjudication in this writ petition. 4.Therefore, in the light of the aforesaid letter nothing survives for granting the relief sought by the petitioner. It is left open to the petitioner to get an appropriate remedy before the concerned authority. 5.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ah To 1.District Collector, Kanchipuram District, Collectorate Office, Kanchipuram.

2.Special Tahsildar, Airport Extension Scheme, Sriperumudur Taluk, Kanchipuram District.

+1cc to Mr. S.Ravichandran, Advocate SR.No. 24142 +1 cc to Government Pleader Sr.No. 24732 W.P.No.5218 of 2019 A.SK(14/06/2019) https://hcservices.ecourts.gov.in/hcservices/