G.Sekar v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 27/1/2023 C O R A M THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR C. Sekar ...
Petitioner Vs
1. The Secretary to Government Highways Department, Secretariat Chennai 9.
2. The Special District Revenue Officer (LA) (C) (W) Highways Department, District Collector Office Chennai 1.
3. The Special Deputy Collector (LA) Tamil Nadu Urban Development Scheme Metro City, Alandur Chennai 16.
4. The Special Tahsildar (LA) Tamil Nadu Urban Development Scheme Chennai Unit Metro City Poonamallee (E) Alanthur Chennai 16.
5. The Tahsildar Taluk Office, Sholinganallur Page No:1/6
6. The Village Administrative Officer Village Administrative Office Palavakkam Village, Sholinganallur Taluk
7. Sathish
8. R. Sangeetha
9. A. Sarath ...
Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 to 5 to provide the compensation based on the third respondent Proceedings in Na.Ka.No.130/2020/E1 dated 5/10/2020, Na.Ka.No.130/2007/E1, dated 13/7/2021, Na.Ka.No.130/2007/E1 dated 14/9/2021 and Na.Ka.No.130/2002/A1 dated 10/12/2021 based on the representation dated 12/1/2023 in respect of Natham plot situated at Kanchiuram District, Sholinganallur Taluk, Village No.10 Palavakkam, New S.No.157/2 Old Survey No.16/3B which is total extent of 0025. For Petitioner ...
Mr.T.V.G.Kartheeban For respondents ...
Mr.P.Sathish Additional Government Pleader - - - - - Page No:2/6
O R D E R
This writ petition has been filed to direct the respondents 1 to 5 to provide the compensation based on the third respondent Proceedings in Na.Ka.No.130/2020/E1 dated 5/10/2020, Na.Ka.No.130/2007/E1, dated 13/7/2021, Na.Ka.No.130/2007/E1 dated 14/9/2021 and Na.Ka.No.130/2002/A1 dated 10/12/2021 based on the representation dated 12/1/2023 in respect of Natham plot situated at Kanchiuram District, Sholinganallur Taluk, Village No.10 Palavakkam, New S.No.157/2 Old Survey No.16/3B which is total extent of 0025.
2. It is the case of the petitioner that the second respondent without considering the documents, initiated acquisition proceedings. The names of the respondents were included wrongly. Therefore, petitioner made a representation to the respondents 1 to 6, on 14/10/2020 and 12/1/2023. Since the same have not been considered so far, petitioner has come forward with the instant writ petition praying for the relief as stated therein.
3. Heard Mr.T.V.G.Kartheeban, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for the respondents 1 to 6.
Page No:3/6
4. It appears that there is a dispute between the petitioner and private parties/respondents, claiming right over the property which was the subject matter of acquisition. In such a view of the matter, authorities may refer the dispute to the District Court, as per Section 21 (2) of the State Highways Act.
5. With the above direction, this writ petition is disposed of. No costs.
27/1/2023 mvs.
Index : Yes / No Internet: Yes Speaking/non speaking order Page No:4/6
To
1. The Secretary to Government Highways Department, Secretariat Chennai 9.
2. The Special District Revenue Officer (LA) (C) (W) Highways Department, District Collector Office Chennai 1.
3. The Special Deputy Collector (LA) Tamil Nadu Urban Development Scheme Metro City, Alandur Chennai 16.
4. The Special Tahsildar (LA) Tamil Nadu Urban Development Scheme Chennai Unit Metro City Poonamallee (E) Alanthur Chennai 16.
5. The Tahsildar Taluk Office, Sholinganallur
6. The Village Administrative Officer Village Administrative Office Palavakkam Village, Sholinganallur Taluk Page No:5/6
N. SATHISH KUMAR, J mvs.
W.P.No.2057 of 2023 27/1/2023 Page No:6/6