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Madras High CourtWP/4710/2024disposed of

V.Moorthy v. The District Collector

2024-02-27Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.

of 2024 and W.M.P. Nos.5150 and 5167 of 2024

1. V.Moorthy

2. V.Alavandar

3. V.Sampath

4. V.Ravikumar

5. V.Harikrishnan

6. V.Durai Babu

7. Nagalakshmi

8. Kamalammal ... Petitioners Vs.

1. The District Collector Chengalpattu District Chengalpattu

2. The Special Tahsildar (Land Acquisition) Chennai Kanyakumari Industrial Corridor Scheme, Kanchipuram

3. The Tahsildar VOC Nagar, Ammanambakkam Chengalpattu Taluk Chengalpattu - 603 001 1/6

4. The Executive Officer A/m.Ellai Amman Temple Athur Village Chengalpattu Taluk & District

5. Alagammal ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents 1 to 3 to conduct an enquiry on the petition dated 02.03.2020 and during the Award enquiry dated 22.01.2021 given by the 1st petitioner and survey the land in S.No.1227/18 & 20 in Athur Village, Chengalpattu Taluk & District and correct the mistake in Revenue Records and pass an Award in the name of the petitioners for acquiring 78 Sq.mts. of land in Athur Village, Chengalpattu Taluk and District for the purpose of Chennai Kanyakumari Industrial Corridor Project. For Petitioner : Mr.S.Baskaran For R1 to R3 : Mr.T.Arun Kumar Additional Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents 1 to 3 to conduct an enquiry on the petition dated 02.03.2020 and during the Award enquiry dated 22.01.2021 given by the 1st petitioner and survey the land in S.No.1227/18 & 20 in Athur Village, Chengalpattu Taluk & District and correct the mistake in Revenue Records and pass an Award in the name of the petitioners for acquiring 78 Sq.mts. of 2/6

land in Athur Village, Chengalpattu Taluk and District for the purpose of Chennai Kanyakumari Industrial Corridor Project.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the official respondents to consider the petitioner representation.

3. Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents 1 to 3. Since no adverse order is being passed against the respondents 4 and 5, notice to the respondents 4 and 5 is dispensed with.

4. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the concerned official respondent to consider the petitioner's representation dated 02.03.2020 and issue notice to the petitioner and respondents 4 and 5 herein and also to the interested parties/rival claimants/objectors if any, as the case may be and conduct enquiry in the manner known to law and pass orders on 3/6

merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. W.M.P. No.5150 of 2024 is ordered subject to payment of separate Court fee by each of the other Writ Petitioners. W.M.P.No.5167 of 2024 is closed.

6. There shall be no order as to costs.

27.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The District Collector Chengalpattu District Chengalpattu

2. The Special Tahsildar (Land Acquisition) Chennai Kanyakumari Industrial Corridor Scheme, Kanchipuram

3. The Tahsildar VOC Nagar, Ammanambakkam Chengalpattu Taluk Chengalpattu - 603 001 5/6

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 27.02.2024 6/6