Madras High CourtWP/11034/2020disposed of

M.Jayanthi v. The Special District Revenue Officer

2020-08-19Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11034 of 2020 and WMP No.13429 of 2020 M.Jayanthi W/o.S.Mohanraj Old No.C-6, New No.C-27, Kauvery Nagar Near Railway Station Mayiladuthurai Town.

...Petitioner

Vs.

1. The Special District Revenue Officer, Chennai-Kanyakumari, Industrial Development Project, Ko.C.Mani Nagar,

2. The Divisional Engineer, Highways Department, Chennai-Kanyakumari Industrial Project, Behind Chennai Silks,

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct the respondents to forbear from entering into and take possession of the petitioner's agricultural lands measuring about 0.67.0 hectare (73030 sq.ft. Equivalent to 6787 sq.meter) bearing patta No.696 situated in Survey No.290, Mozhaiyur Revenue Village, Mayiladuthurai Taluk without taking lawful proceedings provided under the Land Acquisition Act 2013.

For Petitioner : Mr.S.M.Naraayanasamy For Respondents : Mr.E.Manoharan Special Government Pleader

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. Mr.E.Manoharan, learned Special Government Pleader takes notice for the respondents.

3. This writ petition is filed seeking for a mandamus direting the respondents to forbear from entering into and take possession of the petitioner's agricultural lands measuring about 0.67.0 hectare (73030 sq.ft. Equivalent to 6787 sq.meter) bearing patta No.696, situated in Survey No.290, Mozhaiyur Revenue Village, Mayiladuthurai Taluk without taking lawful proceedings provided under the Land Acquisition Act 2013.

4. According to the petitioner, the respondents are trying to interfere with the petitioner's property without following due process of law.

5. On the other hand, Mr.E.Manoharan, learned Special Government Pleader for the respondents, based on instructions, submitted that only notice under Section 15(2) of the Highways Act is issued on 06.08.2020, calling for objection and therefore, the petitioner can very well make her objection before the Authority. He further submitted that the respondents will follow the due process of law for taking possession of the subject matter land and therefore, the petitioner need not have any apprehension.

6. By recording the above said statement, this Writ Petition is disposed of. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Special District Revenue Officer, Chennai-Kanyakumari, Industrial Development Project, Ko.C.Mani Nagar,

2. The Divisional Engineer, Highways Department, Chennai-Kanyakumari Industrial Project, Behind Chennai Silks, + 1 cc to Mr.M.Naraayanaswamy, Advocate in Sr.No.27239 + 1 cc to Government Pleader in Sr.No.27373 W.P.No.11034 of 2020 and WMP No.13429 of 2020 vs (co) rr ii (26/08/2020)