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Madras High CourtWA/1219/2024disposed of

M.A.Gani v. The District Collector

2025-03-03Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND CMP NO. 8959 OF 2024 1.M.A.Gani 2.Asif Ahmed Appellant(s) Vs

1. The District Collector Chengalpet District, Chengalpet 603 001 2.The Special Tahsildar (Land Acquisition) Chennai Kanniyakumari Industrial Corridor Scheme and Inner-Ring Road Project, Cheyur Unit @ Sothupakkam O/o the District Revenue Officer Collectorate Office, Cheyyar - Kancheepuram Road, Gandhi Nagar, Thaiyarkulam 3.The District Revenue Officer

Chengalpet, Kancheepuram District, 4.The Secretary to Government Highways (NH2) Department, HRS Campus, 76, Sardar Patel Road Little Mount, Guindy, Chennai 600 025 5.The Divisional Engineer Project Division Plot No.B-70, New T.S. No.9 Alaskan Nagar, Chenglepet 603 001 Respondent(s) PRAYER To setting aside the order dated 01.12.2023 passed in W.P.No.30826 of 2023. For Appellant(s):

M/s. S.L. Sudarsanam For Respondent(s):

Mr.A.Selvendran SGP

ORDER

(Order of the Court was made by S.M.Subramaniam J.) With reference to the impugned writ order, admittedly, the compensation for the superstructure has been settled in favour of the appellants, and the appellants have acknowledged the same.

2. The appellants' claim, seeking compensation for the land, must establish through documentary evidence. In other words, the appellants must prove their rightful claim to the land. The learned counsel for the appellants would submit that the appellants are ready and willing to submit all relevant documents to the respondents.

3. The respondents are bound to verify the genuinity of those documents and the classification of the lands with reference to the revenue records. If the appellants can establish their right before the competent authority, their case will be considered. However, if the authorities are unable to ascertain the title, the parties will be relegated to approach the Competent Civil Court of Law for establishing their rights.

4. In any event, such nature of disputes regarding the title of the property cannot be adjudicated by either the Writ Court or the Writ Appellate Court. Thus, the impugned writ order stands confirmed granting liberty to the

appellants to produce the documents, if any available with them, to establish their right. Consequently, the Writ Appeal stands disposed of. The connected Miscellaneous Petition is closed. There shall be no order as to costs. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 03-03-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Collector Chengalpet District, Chengalpet 603 2.The Special Tahsildar C(land Acquisition) CHENNAI KANNIYAKUMARI INDUSTRIAL CORRIDOR SCHEME AND INNER - RING ROAD PROJECT CHEYUR UNIT @ sOTHUPAKKAM O/O THE DISTRICT REVENUE OFFICER COLLECTORATE OFFICE

CHEYYAR KANCHIPURAM ROAD GANDHI NAGAR THAIYARKULAM KANCHEEPURMA 635 501 3.The District Revenue Officer Chengalpet Kancheepuram District, 4.The Secretary To Government Highways (nh2) Department Hrs Campus, 76 Sardar Patel Road Little Mount, Guindy Chennai 600 025 5.The Divisional Engineer Project Division Plot No. B-70, New T.S. No 9 Alaskan Nagar, Chenglepet 603 001

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

Jeni 03-03-2025