S.Jayaraman, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.31275 of 2016 and WMP No.27146 of 2016 S.Jayaraman ..Petitioner Vs.
1. The District Collector, Perambalur District, Perambalur
2. The Tahsildhar, Veppanthattai Taluk, Perambalur District.
3. The Sub Inspector of Surveys Veppanthattai Taluk, Perambalur District.
4. The Executive Engineer, Public Works Department, Perambalur
5. The Assistant Executive Engineer, (Visukudi - Kallar Dam Project), Public Works Department, Thiraimangalam Village and Post, 1/6
Peramba;ir Taluk and District.
6. Smt.Vasanthi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents, their men and agents or their subordinates from laying a road on the petitioners land comprised in survey Nos.447/2 - 40 cents; 557/3 - 1.21 acres; 557/4 - 1.20 acres; 557-5 - 0.78 cents; 557-6 - 0.35 cents; 557/7B - 0.52 cents, 557/8 - 0.52 cents; 578/1 - 2.96 acres outs of 4.75 acres; 578/2 - 90 cents out of 2.92 acres; 578/2 - 2.02 acres out of 2.92 cents and the half share in common well situate in S.F.No.578/1 situate in Annamangalam Village, Veppanthattai Madura, Perambalur District without following due process of law under the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
For Petitioner : Mr.C.Prabakaran For Respondents : Mr.A.Selvendran Special Government Pleader
O R D E R
This writ petition has been filed for the issue of writ of mandamus forbearing the respondents from laying a road in the property belonging to the petitioner.
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2.
When the matter came up for hearing on 18.02.2025, this Court passed the following order :
The written instructions received from the Tahsildar shows that the petitioner has subsequently filed a suit in O.S.No.17 of 2023 before the District Munsif Court, Perambalur, and in this suit, a survey is said to have been conducted on 15.02.2025 and the property has been measured.
2. Learned counsel for the petitioner submitted that he is not aware of this development and hence, he seeks for some time to take instructions.
3. Post this writ petition under the caption for "final hearing" on 25.02.2025.
3.
When the matter was taken up for hearing today, it was brought to the notice of this Court that the above suit is still pending before the District Munsif Court, Thiruvallur.
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4.
In view of the same, it will be left open to the petitioner to work out all his remedies in the pending suit.
5.
This Writ petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 25.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka 4/6
To
1. The District Collector, Perambalur District, Perambalur
2. The Tahsildhar, Veppanthattai Taluk, Perambalur District.
3. The Sub Inspector of Surveys Veppanthattai Taluk, Perambalur District.
4. The Executive Engineer, Public Works Department, Perambalur
5. The Assistant Executive Engineer, (Visukudi - Kallar Dam Project), Public Works Department, Thiraimangalam Village and Post, Peramba;ir Taluk and District.
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N. ANAND VENKATESH, J.
rka W.P.No.31275 of 2016 25.02.2025 6/6