V.S.Kaniammal v. The Divisional Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.06.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.17486 of 2016 and WMP.No.14943 of 2016 ---- V.S.Kaniammal ..Petitioner Vs.
1 The Divisional Engineer Highways Department Chennai City Roads Division Chennai-600 015 2 The Divisional Engineer Chennai City Development Scheme Division IV Chennai-16 3 The Assistant Divisional Engineer Highways Department Tambaram Sub-Division Chennai-600 042
...Respondents.
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records from the 3rd respondent pertaining to the impugned notice dated 26-02-2016 in Notice No. 149/2016245/Medavakkam/E.Ve.Tho.A/dated 26-02-2016 and quash the same and consequently pass an order forbearing the 3rd respondent from recovering possession of the petitioner's property to an extent of 118.34 Sq.mt. in S.No. 415, Medavakkam Village, Sholinganallur Taluk, Kancheepuram District without payment of compensation.
For Petitioner : Mr.S.Jaganathan For Respondents : Mrs.A.Srijayanthi, Spl.G.P
O R D E R
(Order of the Court was made by HULUVADI G. RAMESH,J.) Mrs.Srijayanthi, learned Special Government Pleader takes notice for the respondents. With consent of the learned counsel on either side, the writ petition itself is taken up for final disposal.
2. I have heard the learned counsel for the petitioner as well as the learned Special Government Advocate for the respondents.
3. According to the petitioner, the third respondent issued the impugned notice dated 26.02.2016 in Notice No.149/2016-245/Medavakkam dated 26.02.2016 directing the petitioner to vacate and handover possession of 118.34 sq.ft., of land within 7 days from the date of receipt of the said notice. However, according to the petitioner, she purchased the property in question which is approved by DDTCP vide LPDN/DDTP/355/1973 and having title over the same. The learned counsel for the petitioner also brought to the attention of this court Page No.42 of the typed set of papers, wherein, a copy of Patta for the said property is found place. According to him, Patta was issued in his father's name and she is possession and enjoyment of the entire extent of land measuring 4360 sq.ft., and this is not an encroachment.
4. Further, the petitioner has also filed a reply dated 05.04.2016 in response to the said show cause notice. The grievance of the petitioner is that the third respondent, with a view to circumvent the provisions of the Land Acquisition Act and Tamil Nadu Highways Act, 2001, has issued the impugned notice directing to remove the encroachment from T.S.No.415, which according to the petitioner, actually belongs to her.
5. On going through the facts and circumstances of the case, It is for the respondents/Highways Department Authorities to consider the reply dated 05.04.2016 given in response to the Notice dated 26.02.2016 and to dispose of the same in accordance with law. If need be, the Highways Authorities shall carry out the survey in the property in question and identify the property belonging to the petitioner and if the Highways area is encroached or if any portion belonging to the Highways is in possession of the petitioner, the same shall be verified and after following the due process of law, the authorities shall take possession of the same in accordance with law.
6. It is for the petitioner to produce a copy of this order before the Authorities concerned within 15 days of the
date of receipt of the order and seek redressal of her grievances by producing necessary documents to show her right over the property. The respondent-authorities shall carry out the exercise as stipulated supra within two months thereafter by properly ascertaining the properties belonging to the petitioner and the Highways. The said exercise shall be carried out after affording reasonable opportunity to the petitioner and also by verifying the documents, if any, produced by the petitioner. With the above direction, the Writ Petition is disposed of. -s/d- Assistant Registrar(CSVI) True Copy Sub-Assistant Registrar nvsri To 1 The Divisional Engineer Highways Department Chennai City Roads Division Chennai-600 015 2 The Divisional Engineer Chennai City Development Scheme Division IV Chennai-16 3 The Assistant Divisional Engineer Highways Department Tambaram Sub-Division Chennai-600 042 +1 cc to Government Pleader sr.29129 +1 cc to Mr.S.Jaganathan Advocate sr.28968 W.P.No.17486 of 2016 aa14/06/2016