K.Raju v. The Special District Revenue Officer (Land Acquisition)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 5210 of 2024 K.Raju ... Petitioner versus 1.The Special District Revenue Officer (Land Acquisition), HRS Campus, Highways Department, Guindy, Chennai - 600 025.

2.The Special Tahsildar (Land Acquisition), Sholinganallur, Old Mahabalipuram Road, Sholinganallur, Chennai - 600 119.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to strictly adhering to marking of only 103 sq.ft (road facing) out of the total extent of the petitioner's property of 372 sq.ft in petitioner's property at Door No.3/179, East Coast Road, Vettuvankeni, Injambakkam, Chennai - 600 115 forthwith or within a stipulated time as may be fixed by this Court. For Petitioner :

Mr.A.M.O.Gurunarayana Rao Pg.Nos.1/5

For Respondents :

Mr.Mohamed Sathik Government Advocate

O R D E R

Mr.Mohamed Sathik, learned Government Advocate accepts notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent to strictly mark only 103 sq.ft (road facing) out of the total extent of 372 sq.ft in the petitioner's property at Door No.3/179, East Coast Road, Vettuvankeni, Injambakkam, Chennai - 600 115 forthwith or within a stipulated time as may be fixed by this Court.

3. It is stated that due to widening of the East Coast Road, the petitioner's land to an extent of 103 sq.ft. out of his total extent of 372 sq.ft. was asked to surrender and compensation was also paid for the said extent.

4. The main grievance of the petitioner is that recently a surveyor Pg.Nos.2/5

informed him that his entire property will be acquired. Hence, the petitioner has filed this petition seeking a direction to the first respondent to mark only 103 sq.ft (road facing) as already notified.

5. Heard both sides and perused the materials available on record.

6. It is seen that even before the respondents measure and mark the petitioner's property, he has come up with this writ petition. Hence, this Court is of the view that there is no cause of action for filing this writ petition and therefore, the writ petition is liable to be dismissed as premature.

7. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

01.03.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.3/5

To 1.The Special District Revenue Officer (Land Acquisition), HRS Campus, Highways Department, Guindy, Chennai - 600 025.

2.The Special Tahsildar (Land Acquisition), Sholinganallur, Old Mahabalipuram Road, Sholinganallur, Chennai - 600 119.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 01.03.2024 Pg.Nos.5/5