A.Ananthalakshmi v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2020
CORAM
THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH WP.No.1564 of 2020 WMP.No.1831 of 2020
1. A.Ananthalakshmi, D/o.Ananthan, 398, Chatram Main Road, Marandahalli Post, Palacode Tk., Dharmapuri District-636 806.
2. A.Govindaraj, S/o.Ananthan, 2/103, Nadugudlanahalli, Gujjarahalli Post, Palacode Tk., Dharmapuri District-636 806.
.. Petitioners - Vs -
1. The Government of Tamil Nadu, Rep. by its Chief Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai-600 009.
2. The Executive Engineer, Public Works Department (Irrigation), Palacode, Dharmapuri District-636 808.
3. The Additional Director, Land Records Department, Survey House, Chepauk, Chennai-600 005.
4. The District Collector, Collectorate, Dharmapuri District - 636 705.
5. The Tahsildar, Palacode Tauk, Dharmapuri District-636 808.
.. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, forbearing the respondents in any manner measuring interfering with the petitioners' possession and enjoyment of the agricultural properties more particularly described in the petition schedule and without invoking the provisions of The Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 without disposing the representations given by the petitioners on 06.09.2019 and 06.01.2020 to the respondents.
SCHEDULE OF PROPERTIES All that piece and parcel of lands mentioned hereunder are situated at Kendenahalli village, Palacode Taluk, Dharmapuri District within the Registration District of Dharmapuri and SubRegistration District of Marandahalli. Item:I Sl.No.
Survey No.
Extend in Ares 238/7 0.16.50 238/8 0.16.50 238/9 0.16.50 238/10 0.17.00 238/11 0.16.50 238/6 0.16.50 238/12 0.16.50 238/4 0.16.50 238/5 0.16.50 238/3 0.16.50 Total 1.65.50 (4.11 Acre)
Item:II Sl.No.
Survey No.
Extent in Ares 238/13 0.17.00 238/14 0.16.50 238/15 0.17.00 238/16 0.17.00 238/17 0.16.00 238/18 0.16.50 238/19 0.17.00 238/20 0.16.50 238/22 0.16.50 238/21 0.17.00 240/1 0.05.5 Total 1.67.00 (4.19 Acre) For Petitioners : Mr.G.Ethirajulu For Respondents : Mr.M.Elumalai Addl. Govt. Pleader
O R D E R
This writ petition has been filed for the issue of writ of Mandamus forbearing respondents not to interfere with the possession and enjoyment of the subject property of the petitioner without acquiring the land in the manner known to law.
2. Mr.Elumalai, learned Additional Government Pleader appearing on behalf of the respondents submitted that the respondents will not take any steps to interfere with the possession and enjoyment of the petitioner without following the due process of law.
3. The learned counsel submitted that if and when the respondents want to acquire the land, they will do so only in accordance with law.
4. The submissions of the learned Additional Government Pleader is recorded and this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar kmi To
1. The Chief Secretary to Government, Government of Tamil Nadu, Revenue Department, Secretariat, Fort St. George, Chennai-600 009.
2. The Executive Engineer, Public Works Department (Irrigation), Palacode, Dharmapuri District-636 808.
3. The Additional Director, Land Records Department, Survey House, Chepauk, Chennai-600 005.
4. The District Collector, Collectorate, Dharmapuri District - 636 705.
5. The Tahsildar, Palacode Tauk,Dharmapuri District-636 808.
WP.No.1564 of 2020 WMP.No.1831 of 2020 VSNII(CO) GS(07/09/2020)