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Madras High CourtWP/3303/2020disposed of

Abibur Rahman, v. The District Collector,

2022-02-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.3303 of 2020 and W.M.P.Nos.3826 of 2020 and 17204 of 2021 Abibur Rahman ... Petitioner -Vs1. The District Collector, Thirupathur District, Thirupathur.

2. The Commissioner, Vaniyamabadi Municipality, Vaniayambadi.

3. The Thasildar, Vaniyambadi Taluk.

4. The Surveyor (Taluk), Vaniyambadi.

5. The Surveyor (Town), Vaniyambadi.

6. The Village Administrative Officer, Kadar Pettai, Vaniyambadi.

7. The Executive Engineer / (O & M), TANGEDCO, Thrirupathur Division, Vaniyambadi.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from acquiring the petitioner residential landed property situated at New Town Survey No.3/2 G-Block-8, Gandhi Nagar, in Patta No.69, Vaniyambadi Taluk, Thirupathur District totally to an extent of 1,050 sq.ft for any of the Government Projects, except due process of law.

For Petitioner : Mr.A.Rajesh Kanna For R1, R3 to R6 : Mr.V.Jeevagiridharan Additional Government Pleader

ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus, forbearing the respondents from acquiring the petitioner residential landed property situated at New Town Survey No.3/2 G-Block-8, Gandhi Nagar, in Patta No.69, Vaniyambadi Taluk, Thirupathur District totally to an extent of 1,050 sq.ft for any of the Government Projects, except due process of law.

2.

Heard Mr.A.Rajesh Kanna, learned counsel appearing for the petitioner, Mr.V.Jeevagiridharan, learned Additional Government Pleader appearing for the respondents 1, 3 to 6. 3.

The case of the petitioner is that the petitioner owned property comprised in New Town Survey No.3/2 G-Block-8, Gandhi Nagar, in Patta No.69 situated at Vaniyambadi Taluk, Thirupathur District, totally to an extent of 1,050 sq.ft. The property was also assessed to the house tax. While being so, the respondents attempted to evade the petitioner from the subject property, as if, the petitioner is an encroacher of the subject property. Therefore, the petitioner filed this writ petition, forbearing the respondents from acquiring the subject property for any of the Government Projects, except due process of law.

4.

On written instructions of the third respondent, Mr.V.Jeevagiridharan, learned Additional Government Pleader, submitted that the subject land is a patta land which is owned by the petitioner and as on today, there is no acquisition proceedings in respect of the subject property for any purposes.

5.

In view of the above, the respondents are directed not to acquire the subject property of the petitioner, without due process of law.

6.

With the above direction, this writ petition is disposed of. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs. Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar mn

To 1.The District Collector, Thirupathur District, Thirupathur.

2.The Commissioner, Vaniyamabadi Municipality, Vaniayambadi.

3.The Thasildar, Vaniyambadi Taluk.

4.The Surveyor (Taluk), Vaniyambadi.

5.The Surveyor (Town), Vaniyambadi.

6.The Village Administrative Officer, Kadar Pettai, Vaniyambadi.

7.The Executive Engineer / (O & M), TANGEDCO, Thrirupathur Division, Vaniyambadi.

+1cc to Mr.A.Rajesh Kanna, Advocate SR. No.7234 +1cc to Government Pleader SR. No.8018 W.P.No.3303 of 2020 and W.M.P.Nos.3826 of 2020 and 17204 of 2021 MT (CO) PR (04/03/2022)