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Madras High CourtWP/10572/2023disposed of

G.Anandaselvi v. The Secretary To The Government Of Tamil Nadu

2023-04-06Honourable Mr Justice M.S. Ramesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.4.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.G.Anandaselvi 2.V.Duraisamy 3.M.Chithambaram 4.L.Genkaiya 5.S.Jaganathan 6.K.Senthilkumar 7.K.H.Sivakumar 8.M.Kanthamani 9.K.Manimegalai 10.R.Panjali 11.C.M.Periyasamy 12.R.Sivakumar 13.A.Rajan 14.V.Ravi 15.K.Sampathkumar

...Petitioners

Vs 1.The Secretary to Government of Tamil Nadu, Transport Department, Fort St.George, Chennai-9.

2.The District Collector, Coimbatore District, Coimbatore.

3.The District Revenue Officer, Collector Office Complex, 1/5

4.The Special District Revenue Officer (L.A.), Expansion of Airport Runway Expansion, Collector Office Complex, 5.The Director, Airport Authority of India, Coimbatore.

6.The Director, Airport Authority of India, Chennai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing respondents 1 to 4 to grant and extend the time to surrender or deliver possession of the properties situated at Coimbatore District, Sulur Taluk, Irugur Village comprised in S.Nos.26/7F-1774 Sq.ft, 26/7F - 1420 Sq.ft and 736 Sq.ft, 26/7F - 1721 Sq.ft, 26/7B - 1360 Sq.ft, 26/7E - 2204 Sq.ft, 241/1A1 - 1330 Sq.ft, 26/7F - 1884 Sq.ft, 26/7G - 1512 Sq.ft, 241/1A1 - 1152 Sq.ft, 26/7F - 3382.5 Sq.ft, 26/7F - 1384 Sq.ft, 241/1A1 - 1152 Sq.ft, 241/1A1 - 1152 Sq.ft, 26/7F - 1301 1⁄4 Sq.ft and considering the representation of the petitioners dated 30.01.2023.

For Petitioners : Ms.R.Rayeesa Fathima For Respondents : Mr.P.Sathish, Additional Government Pleader

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2/5

2. The petitioners herein had given individual representations dated 30.01.2023 to the respondents herein to grant time for them to vacate and deliver possession of the properties comprised in S.Nos. 26/7F - 1774 Sq.ft, 26/7F - 1420 Sq.ft and 736 Sq.ft, 26/7F - 1721 Sq.ft, 26/7B - 1360 Sq.ft, 26/7E - 2204 Sq.ft, 241/1A1 - 1330 Sq.ft, 26/7F - 1884 Sq.ft, 26/7G - 1512 Sq.ft, 241/1A1 - 1152 Sq.ft, 26/7F - 3382.5 Sq.ft, 26/7F - 1384 Sq.ft, 241/1A1 - 1152 Sq.ft, 241/1A1 - 1152 Sq.ft, 26/7F - 1301 1/4 Sq.ft, at Irugur Village, Sulur Taluk, Coimbatore District. Since the said representations have not yet been considered, the above writ petition has been filed.

3. It is needless to point out that whenever representations of this nature are made to the Statutory Authorities, there is a duty cast upon them to consider the same on their own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representations by the Statutory Authorities would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a 3/5

stipulated time.

4. In the light of the above observations, there shall be a direction to respondents 5 and 6 herein to consider the petitioners' individual representations dated 30.01.2023, on their own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioners, as well as all other persons who may be interested in the subject property, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioners and that it is open to the concerned respondents to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

06.4.2023 Index:Yes/No 2/2 Speaking order/Non-speaking order RS/SNI 4/5

M.S.RAMESH,J.

RS/SNI To 1.The Secretary to Government of Tamil Nadu, Transport Department, Fort St.George, Chennai-9.

2.The District Collector, Coimbatore District, Coimbatore.

3.The District Revenue Officer, Collector Office Complex, 4.The Special District Revenue Officer (L.A.), Expansion of Airport Runway Expansion, Collector Office Complex, 5.The Director, Airport Authority of India, Coimbatore.

6.The Director, Airport Authority of India, Chennai.

06.4.2023 2/2 5/5