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Madras High CourtWP/5867/2024disposed of

I.Ayyanaar v. The District Collector

2024-12-16Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.No.6500 of 2024 I.Ayyanaar

...Petitioner

Vs 1.The District Collector, Tiruppur District.

2.The Revenue Division Officer, Udumalpet, Tiruppur District 642 154.

3.The Tahsildar, Office of Tahsildar, Madathukulam, Tiruppur District 642 113 4.The Taluk Head Surveyor Madathukulam, Tiruppur District 642 113 5.The Revenue Inspector, Madathukulam, Tiruppur District 642 113 6.The Village Administrative Officer, Thanthonni Village, Madathukulam Taluk, Tiruppur 644 902.

...Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus forbearing the respondents from laying road in the patta lands of the petitioner to an extent of 3.63 Acres and to an extent of 1.60 Acres comprised in Survey Nos.149/1A and 149/1B, Thathoni Village, Madathukulam Taluk Tirupur district without acquiring the same in the manner provided under the provisions of right to fair compensation and transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 or under any other law for the time being in force. (Prayer amended as per order dated 14.06.2024 in W.M.P.No.17269 of 2024 in W.P.No.5867 of 2024 by NSKJ) For Petitioner : Mr.Nambi Arooran for M/s.Ajmal Associates For Respondents : Mr.A.Selvendran Special Government Pleader (For R1 to R5) M/s.R.Divya Preathika and M/s.K.M.Kanishkaran (Advocate Commissioner)

ORDER

The present Writ Petition has been filed for forbearing the respondents from laying road in the patta lands of the petitioner to an extent of 3.63 Acres and to an extent of 1.60 Acres comprised in Survey Nos.149/1A and 149/1B, Thathoni Village, Madathukulam Taluk Tirupur district without acquiring the same in the manner provided under 2/5

the provisions of right to fair compensation and transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 or under any other law for the time being in force.

2.Mr.A.Selvendran, the learned Additional Government Pleader has produced a letter given by the Tahsildar to the Revenue Divisional Officer. In his letter bearing Na.Ka.No.1789/2024/A4 dated 15.12.2024, wherein, he has informed that the property in question has been given back to the petitioner and a letter signed by the petitioner dated 15.12.2024 wherein, he has acknowledged having received back possession of the property concerned. In the light of the above, no further orders are required in the above petition.

3.Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 16.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 3/5

To 1.The District Collector, Tiruppur District.

2.The Revenue Division Officer, Udumalpet, Tiruppur District 642 154.

3.The Tahsildar, Office of Tahsildar, Madathukulam, Tiruppur District 642 113 4.The Taluk Head Surveyor Madathukulam, Tiruppur District 642 113 5.The Revenue Inspector, Madathukulam, Tiruppur District 642 113 6.The Village Administrative Officer, Thanthonni Village, Madathukulam Taluk, Tiruppur 644 902.

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P.T.ASHA , J, ep W.M.P.No.6500 of 2024 16.12.2024 5/5