Madras High CourtWP/33869/2012disposed of

M/S.Insap Engineering (P) Ltd v. State Of Tamilnadu

2021-09-08Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN WP.NOS.33869 TO 33872 AND 34840 TO 34842 OF 2012 AND M.P.NOS.1, 1, 1, 1, 1, 1 & 1 OF 2012 M/S.INSAP ENGINEERING (P) LTD REP. BY ITS MANAGING DIRECTOR V.LAKSMANAN ... PETITIONER in WP No.33869 of 2012 T.R.SANTHI ... PETITIONER in WP No.33870 of 2012 M.MALARKODI ... PETITIONER in WP No.33871 of 2012 R.NATARAJAN ... PETITIONER in WP No.33872 of 2012

1. N.RAMAN,

2. R.PAPPA ... PETITIONERS in WP No.34840 of 2012

1. SAROJ BALA K.SHAH,

2. BOOPESH K.SHAH ... PETITIONERS in WP No.34841 of 2012

1. R.BALAKRISHNAN

2. B.BINDHU ... PETITIONERS in WP No.34842 of 2012 Vs.

1. State of Tamil Nadu, Rep.by the Secretary to Government, Revenue Department, Fort St.George,

2. The District Collector, Thiruvallur District, Thiruvallur.

3. The Deputy Collector (Revenue), Thiruvallur.

4. The Tahsildar, Ambattur Taluk Office, Ambattur, Chennai.

5. The Corporation of Chennai, Rep.by its Commissioner, Rippon Buildings,

...Respondents in all W.P.s

PRAYERS IN W.P.Nos. 33869 to 33872 and 34840 to 34842 of 2012:- Writ Petitions filed under Article 226 of the Constitution of India praying To issue a writ of Mandamus, forbearing the respondents from forcibly entering into the eastern portion measuring 1897 sq.ft. of the petitioners private absolute property bearing S.No.267/1C in Maduravoyal Village, Ambattur Taluk, Thiruvallur District, demolishing its factory building and compound existing therein and illegally occupy the same without acquiring and taking possession of the said portion from it in accordance with the provisions contained under the Land Acquisition Act, 1894. (WP No.33869 of 2012) To issue a writ of Mandamus, forbearing the respondents from forcibly entering into the eastern portion measuring 1559 sq.ft. of the petitioners private absolute property bearing S.No.

267/1B2, Alapakkam Road, Maduravoyal Village, Ambattur Taluk, Thiruvallur District, demolishing portion of the petitioners compound existing therein and illegally occupying the same without acquiring and taking possession of the said portion from her in accordance with the provisions contained under the Land Acquisition Act, 1894.(WP No.

To issue a writ of Mandamus, forbearing the respondents from forcibly entering into the eastern portion measuring 525 sq.ft. of the petitioners private absolute property bearing S.No.309/1B in Maduravoyal Village, Ambattur Taluk, Thiruvallur District, demolishing the petitioners building and compound existing therein and illegally occupy the same without acquiring and taking possession of the said portion from him in accordance with the provisions contained under the Land Acquisition Act, 1894. (WP No.33871 of 2012) To issue a writ of Mandamus, forbearing the respondents from forcibly entering into the eastern portion measuring 720 sq.ft. of the petitioners private absolute property bearing S.No.

309/1B, Alapakkam Main Road, Maduravoyal Village, Ambattur Taluk, Thiruvallur District and illegally occupy the same without acquiring and taking possession of the said portion from him in accordance with the provisions contained under the Land Acquisition Act, 1894. (WP No.33872 of 2012) To issue a writ of Mandamus, forbearing the respondents from forcibly entering into the eastern portion, measuring 1514 3/4 Sq.ft., of the petitiners private absolute property bearing S.No.309/1B, Alapakkam Main Road, Krishna Nagar, Maduravoyal Village, Ambattur Taluk, Thiruvallur District, demolish its balcony of the building and compound existing therein and illegally occupy the same without acquiring and taking possession of the said portion from him in accordance with the provisions contained under the Land Acquisition act 1894. (WP No.

34840 of 2012) To issue a writ of Mandamus, forbearing the respondents from forcibly entering into the eastern portion, measuring 610.4 Sq.ft., of the petitiners private absolute property bearing S.No.268/3 Part, Alapakkam Main Road, Maduravoyal Village, Chennai-600 095, demolishing their shop building, including the basement existing therein and illegally occupy the same without acquiring and taking possession of the said portion from him in accordance with provisions contained under the Land Acquisition act 1894.(WP No.

Sq.ft., of the petitiners private absolute properties bearing Plot No.15 & 52, and S.No.309/15 & 309/18, Alapakkam Main Road, Sri Krishna Nagar, Maduravoyal Village, Chennai, demolish portions of their building existing therein and illegally occupy the same without acquiring and taking possession of the said portion from him in accordance with the provisions contained under the Land Acquisition act 1894.(WP No.34842 of 2012) For Petitioner in all W.Ps : Mr.T.P.Manoharan Senior Counsel : for Mr.K.P.Jotheeswaran For R1 to R4 in all W.Ps : Mr.M.R.Gokul Krishnan Government Advocate For R5 in all W.Ps : M/s.Karthikaa Ashok Standing Counsel COMMON ORDER These writ petitions have been filed to issue a writ of mandamus, forbearing the respondents from forcibly entering into the petitioners' properties, demolishing and illegally occupy the same without acquiring and taking possession of the said portion from it in accordance with the provisions contained under the Land Acquisition Act, 1894.

The learned Senior Counsel appearing for the petitioners submitted that the portion of the petitioners' patta land, has been marked by the respondents to lay the road, without acquiring the land.

3. The learned Standing Counsel appearing for the fifth respondent submitted that, already the road has been laid and if at all any portion of the properties of the petitioners are marked by the authorities, they follow due process of law before laying the road.

4. Considering the same, the respondents are restrained from entering into the petitioners' properties except by due process of law. With this direction, these Writ Petitions are disposed of. If the respondents intend to acquire the land with

due process of law, it should be completed as expeditiously as possible, not exceeding six months from the date of receipt of a copy of this order. If any portion of the petitioners' properties are encroached by the respondents without due process of law, they shall restore the portion of the properties to the respective petitioners.

Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar kv To

1. The Secretary to Government, State of Tamil Nadu, Revenue Department, Fort St.George,

2. The District Collector, Thiruvallur District, Thiruvallur.

3. The Deputy Collector (Revenue), Thiruvallur.

4. The Tahsildar, Ambattur Taluk Office, Ambattur, Chennai.

5. The Commissioner, The Corporation of Chennai, Rippon Buildings, +7ccs to Mr.K.P.Jotheeswaran, Advocate, S.R.No.45672 to 45678 +2ccs to M/s.Karthikaa Ashok, Advocate, S.R.No.45799, 45800 +1cc to the Government Pleader, S.R.No.45809 WP.Nos.33869 to 33872 and 34840 to 34842 of 2012 AJS(CO) RLP(12/10/2021)