N.Nagavenkatesaprasad, v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH N.Nagavenkatesaprasad, S/o.Late.Dr.N.Narayanaswamy, Old No.5, New No.27, Salem Main Road, Kallakuruchi District-606 202.

Petitioner Vs

1. The Principal Secretary Revenue Department, Government Of Tamil Nadu, Fort St. George, Chennai-600 009.

2.The District Collector Office Of The Collectorate at Kallakuruchi, Kallakuruchi District.

3.The Revenue Divisional Officer Chinnasalem, Kallakuruchi District.

4.The Special Tahsildar (Land Acquisition), Southern Railway, Kallakuruchi District.

5.The District Revenue Officer Kallakuruchi District.

6.The Divisional Engineer, Southern Railways, Trichy.

[R6 suo motu impleaded as per the order of this Court dated 01.04.2025] Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to conduct the survey the total extent of the petitioner's lands acquired by the fourth respondent under Sub Section 1 of the Section 3 of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act 1997 and pay the fair compensation with regard to acquisition of excess extent of 33 square meters of lands under Survey No.157/6B at Kallakuruchi. For Petitioner : Mr.M.Ramalingam For Respondents : Mr.P.Sathish, Additional Government Pleader [R1 to R5] Mr.SVD Rajendra Prasad Standing Counsel [R6] *****

O R D E R

The Divisional Engineer, Southern Railways, Trichy, is suo motu added as the sixth respondent in this writ petition. Mr.SVD Rajendra Prasad, learned Standing Counsel, takes notice for the impleaded sixth respondent.

2. This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to conduct survey in the subject property and to demarcate the portion of the land that was retained by the petitioner after the balance extent of land was acquired 2/6

under the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997.

3. Heard Mr.M.Ramalingam, learned counsel for petitioner, Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 to 5 and Mr.SVD Rajendra Prasad, learned Standing Counsel appearing for sixth respondent.

4. The specific case of the petitioner is that his property was acquired for the Chinnasalem - Kallakurichi railway line project. The total area that was acquired was only 50 sq.mts., however, 83 sq.mts. have been taken over by the respondents. In view of the same, the petitioner made a representation to conduct survey and to demarcate the portion of the land that continues to be under the ownership of the petitioner. Since the same was not acted upon, the petitioner made a representation dated 09.09.2024 and the same did not evoke any response. It is under these circumstances, the present writ petition came to be filed before this Court.

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5. Considering the nature of grievance expressed by the petitioner, this Court directs the fourth respondent to conduct survey in the subject property in the presence of the impleaded sixth respondent and demarcate the portion of land that was taken during acquisition proceedings and identify the portion of the property that continues to be in the ownership and possession of the petitioner. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

01.04.2025 Note:

Registry is directed to carry out necessary amendment in all the concerned records.

Index: Yes/no Speaking Order/Non-Speaking Order gm 4/6

To

1. The Principal Secretary Revenue Department, Government Of Tamil Nadu, Fort St. George, Chennai-600 009 2.The District Collector Office Of The Collectorate At Kallakuruchi, Kallakuruchi District.

3.The Revenue Divisional Officer Chinnasalem, Kallakuruchi District.

4.The Special Tahsildar (Land Acquisition) Southern Railway, Kallakuruchi District.

5.The District Revenue Officer Kallakuruchi District.

6.The Divisional Engineer, Southern Railways, Trichy.

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N.ANAND VENKATESH, J gm 01.04.2025 6/6