Madras High CourtWP/5985/2024dismissed

G.Mangayarkarasi v. The State Of Tamil Nadu

2024-03-08Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN G.Mangayarkarasi ... Petitioner Vs.

1 The State of Tamil Nadu Rep. by its Secretary to Government Highways Department, Secretariat, Fort St.George, Chennai-600 009.

2 The Collector, Fourth Floor, M.Singaravelar Maaligai, 62 Rajaji Salai, Chennai Collectorate, Chennai- 600 001.

3 The Special District Revenue Officer, (Land Acquisition) Highways, Metro Wing, Alandur, Chennai-600 016. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct the land acquisition proceedings in a lawful manner by following the provisions of Section 15(1) and 15(2) of the Tamilnadu Highways Act

2001 for the petitioner's property in Neelangarai Village, Survey No.84/1B1 part R.S. No.84/1B1A1A1A1F in Patta No.770 to an extent of 7309 sq.ft situated in Plot No.A, Door No.21, Sri Kapalesswarar Nagar, East Coast Road, Neelangarai, Chennai-115 without due process of law and directing the respondents to consider the representation dated 28.12.2023.

For Petitioner : Mr.R.Harinath For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to conduct the land acquisition proceedings in a lawful manner by following the provisions of Section 15(1) and 15(2) of the Tamilnadu Highways Act 2001 for the petitioner's property in Neelangarai Village, Survey No.84/1B1 part R.S. No.84/1B1A1A1A1F in Patta No.770 to an extent of 7309 sq.ft situated in Plot No.A, Door No.21, Sri Kapalesswarar Nagar, East Coast Road, Neelangarai, Chennai-115 and to direct the respondents to consider the representation dated 28.12.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. It is submitted by the learned counsel for the petitioner that though the petitioners' land was acquired by the Highways Authorities, award was not passed. Hence she filed the present writ petition.

4. Learned Special Government Pleader appearing for the respondents submitted that award has already been passed by the respondents.

5. In view of the above submission, the Writ Petition is dismissed. If the petitioner is aggrieved over the award passed by the respondents, she is at liberty to workout her remedy for enhancement of compensation, in the manner known to law. There shall be no order as to costs. 08.03.2024 mfa Index:Yes/No

To 1 The State of Tamil Nadu Rep. by its Secretary to Government Highways Department, Secretariat, Fort St.George, Chennai-600 009.

2 The Collector, Fourth Floor, M.Singaravelar Maaligai, 62 Rajaji Salai, Chennai Collectorate, Chennai- 600 001.

3 The Special District Revenue Officer, (Land Acquisition) Highways, Metro Wing, Alandur, Chennai-600 016.

P.VELMURUGAN, J.

mfa 08.03.2024