C.L.Abdul Waris, v. The Disrict Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.04.2016 Coram THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition Nos.15236 and 15237 of 2016 and W.M.P.Nos.13291 and 13292 of 2016 1.
C.L.Abdul Waris
...Petitioner in W.P.No.15236/2016
M/s.Nadeem Leatherware Exports rep. by its Partner, V.P.Faheemur Rahman.
...Petitioner in W.P.No.15237/2016
Vs.
1.
The District Collector, Vellore District.
The District Revenue Officer, Vellore.
The Director ( Planning) National Highways Department, Krishnagiri.
...Respondents
Prayer in W.P.Nos.15236 of 2016 Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents herein to consider the representation, dated 09.04.2016, submitted by the petitioner in relation to the acquisition of land, measuring an extent of 26 sq.mtrs of land comprised in S.No.80/2B/1B and 1344 sq.mtrs of land, comprised in S.No.80/2B/2B, situated at Valayampet Village, Vaniyambadi Taluk, Vellore District.
Prayer in W.P.Nos.15237 of 2016 Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents herein to consider the representation, dated 09.04.2016, submitted by the petitioner in relation to the acquisition of land, measuring an extent of 645 sq.mtrs out of 0.40.0 sq.mtrs, situated at Valayampet Village, Vaniyambadi Taluk, Vellore District.
For Petitioners :Mr.AR.L.Sundaresan Senior Counsel for M/s.AL.Ganthimathi For Respondents : Mr.J.Balagopal Additional Government Pleader COMMON O R D E R Heard Mr.AR.L.Sundaresan, learned Senior Counsel appearing for M/s.AL.Ganthimathi, the learned counsel for petitioners and Mr.J.Balagopal, learned Additional Government Pleader, accepting notice for respondents. With the consent of parties, the main Writ Petitions are taken up for final disposal at the stage of admission itself.
The petitioners have filed these Writ Petitions seeking for issuance of a writ of mandamus, to direct the respondents herein to consider their representations/objections, dated 09.04.2016, in relation to the acquisition of their land, situated at Valayampet Village, Vaniyambadi Taluk, Vellore District.
The learned Senior Counsel for the petitioners submitted that the petitioners have raised objection on 09.04.2016, and it is their specific case that no notice under Section 15 (2) of the Tamil Nadu Highways Act, 2001 was issued. However, the learned Senior Counsel would submit that the petitioners would be satisfied, if their objections are taken up for consideration.
4.
The Officials of the respondent, who are present in Court, submits that because of various subdivision of land, they are unable to readily verify, and they require some more time for verification.
5.
In the light of the above, there will be a direction to the petitioners to appear before the second respondent, and produce all the revenue records to show their ownership over the property, based on which, the second respondent shall conduct proper verification and pass appropriate orders on merits and in accordance with law.
6.
With the above direction, the Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sd To 1.
The District Collector, Vellore District.
The District Revenue Officer, Vellore.
The Director ( Planning) National Highways Department, Krishnagiri.
+2ccs to Mr.AL. Gandhimathi, Advocate, S.R.No.27439 AD(CO) EU(18/05/2016) Writ Petition Nos.15236 and 15237 of 2016