V.Palanivel v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2017
CORAM
THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.Nos.25437 to 25439 of 2017 and W.M.P.Nos.26879, 26880 and 26946 of 2017 V.Palanivel ...Petitioner in WP.25437 & 25438/2017 V.Soundara rajan ... Petitioner in WP.25439/2017 Vs 1 The State of Tamilnadu rep. by its Secretary to State Department of Highways Fort St. George Chennai -9 2 The District Collector Office of the Collectorate of Kanchipuram Kanchipuram 3 The Tahsildar Sholinganallur Taluk Sholinganallur Chennai 4 The Commissioner Corporation of Chennai Rippon Buildings Chennai Respondents in all WPs Petitions filed under Article 226 of The Constitution of India praying to issue a writ of mandamus forbearing the respondents from in any manner interfering or disturbing the petitioner's peaceful possession and enjoyment of the schedule property.
For Petitioner : Mr.T.Sundar Rajan For Respondents : Mr.S.Diwakar, SGP (R1-3) C O M M O N O R D E R Mr.S.Diwakar, learned Special Government Pleader, takes notice for the respondents 1 to 3. By consent, the main writ petitions are taken up for disposal at the admission stage itself.
2. The petitioner has filed the above Writ Petitions to issue writs of mandamus forbearing the respondents from in any manner interfering or disturbing the petitioners peaceful possession and enjoyment of the lands in Survey Nos.325/1, 325/1B as per patta; 135/2 and 135/3; 325/1, Patta No.842, 325/1B as per patta respectively in Pallikaranai Village, Sholinganallur Taluk, Kanchipuram District.
3. The learned counsel appearing for the petitioner submitted that the apprehension of the petitioner is that the respondents are taking steps to dispossess him from his properties, without issuing any notice or initiating acquisition proceedings.
4. Mr.S.Diwakar, learned Special Government Pleader, appearing for the respondents 1 to 3, on instructions, submitted that the respondents are not initiating any steps to dispossess the petitioner and it is only the apprehension of the petitioner that he would be dispossessed from his properties. Further, the learned Special Government Pleader, submitted that the respondents are not going to dispossess the petitioner from the properties, however, he would submit that the proposal for acquisition of the petitioner's properties is pending before the 2nd respondent, the District Collector.
5. In view of the submissions made by the learned Special Government Pleader appearing for the respondents 1 to 3, I do not find any reason to keep the writ petitions pending.
6. Accordingly, recording the submissions made by the learned Special Government Pleader, the writ petitions are disposed of. It is needless to say that the respondents are at liberty to initiate acquisition proceedings for acquiring the petitioner's lands in accordance with law. No costs. Connected miscellaneous petitions are closed.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar rg To 1 The State of Tamilnadu rep. by its Secretary to State Department of Highways Fort St. George Chennai -9
2 The District Collector Office of the Collectorate of Kanchipuram Kanchipuram 3 The Tahsildar Sholinganallur Taluk Sholinganallur Chennai 4 The Commissioner Corporation of Chennai Rippon Buildings Chennai + 3 cc to Mr.T.Sundar Rajan, Advocate,SR.69356,69358,69357 + 1 cc to The Govt.Pleader, SR.69816 W.P.Nos.25437 to 25439 of 2017 RR(CO) NR 25/09/2017