Madras High CourtWP/25696/2017disposed of

T.Vedagiri v. The Assistant Sub Divisional

2017-09-22Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.09.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY WP.No.25696 of 2017 and WMP.No.27110 of 2017 T.Vedagiri .. Petitioner

Versus

The Assistant Sub Divisional Engineer, (Construction & Maintenance), Tambaram Sub Division, Highways, Opposite to Velacherry Metro Rail Office, Velacherry High Road, Chennai-600 042.

Respondent Prayer:

Petition filed under Article 226 of The Constitution of India, praying for the issuance of Writ of Mandamus forbearing the respondent from demolishing and evicting our residential house bearing New door No.241, old No.199, Velacherry Main Road, Pallikaranai-600 100 or take possession of the same without invoking the provisions of section 15 to 25 of the Tamil Nadu highways Act, 2001 on the basis of my representation dated 09.09.2017.

For Petitioner :

Mr.P.Gunaraj For Respondents :

Mr.S.Diwakar,Spl.GP

O R D E R

Mr.S.Diwakar, learned Special Government Pleader takes notice for the respondent. By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has filed the above writ petition to issue a writ of Mandamus forbearing the respondent from demolishing and evicting the petitioner residential house bearing New Door No.241, Old No.199, Velacherry main Road, Pallikaranai 600 100 or take possess of the same without invoking the provisions of Section 15 to 25 of the Tamilnadu Highways Act, 2001 on the basis of the his representation dated 09.09.2017. https://hcservices.ecourts.gov.in/hcservices/

3. When the matter is taken up for hearing, Mr.S.Diwakar, learned Special Government Pleader appearing for respondent submitted that the respondent has not taken any steps to dispossess the petitioner. Further, the learned Special Government Pleader submitted that there is a proposal for acquiring the land in Survey No.133/2A and the same is also pending before the District Collector.

4. Recording the submissions made by the learned Special Government Pleader, the Writ Petition is disposed of. It is open to the respondent to initiate appropriate proceedings for acquirng the lands in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar sk To The Assistant Sub Divisional Engineer, (Construction & Maintenance), Tambaram Sub Division, Highways, Opposite to Velacherry Metro Rail Office, Velacherry High Road, Chennai-600 042.

+1cc to Mr.P.Gunaraj, Advocate in sr.no.69985 WP.No.25696 of 2017 SSI(CO) NR 25/09/2017 https://hcservices.ecourts.gov.in/hcservices/