K.Jayalakshmi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.10.2016

CORAM:

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.Nos.4441 to 4443 of 2013 K.Jayalakshmi .. Petitioner in W.P.No.4441 of 2013 Uma G.Shankar .. Petitioner in W.P.No.4442 of 2013 Ch.Trinadh Kumar .. Petitioner in W.P.No.4443 of 2013 Vs 1.The State of Tamilnadu rep.by its Secretary to Government, Industries Department, Secretariat, Chennai-9.

2.The District Collector, Kancheepuram District, Kancheepuram.

.. Respondents in all W.Ps.

Prayer in W.P.No.4441 of 2013 : Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents to acquiring the petitioner land in 180 Mathur Village, Plot No.380 situated in Survey No.51 & 53/1 measuring to an extent of 2400 square feet, Sriperumbudur Taluk, Kancheepuram District without following due process of law.

Prayer in W.P.No.4442 of 2013 : Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents to acquiring the petitioner land in 180 Mathur Village, Plot No.380 situated in Survey No.50/1 measuring to an extent of 3534 square feet, Sriperumbudur Taluk, Kancheepuram District without following due process of law.

Prayer in W.P.No.4443 of 2013 : Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents to acquiring the petitioner's land in 180 Mathur Village, Plot No.74 situated in Survey No.310/2 & 310/3 measuring to an extent of 2400 square feet, Sriperumbudur Taluk, Kancheepuram District without following due process of law.

For Petitioners : Mr.M.Raja Sekhar For Respondents : Mr.R.Govindasamy Spl.Govt.Pleader.

C O M M O N O R D E R All the petitioners apprehend that their respective lands in Mathur Village, are being sought to be required.

2. The prayer sought for in these writ petitions, is to forbear the respondents from acquiring the lands belonging to the petitioners without following due process of law. 3.It is needless to point out that there could be no acquisition proceedings without due process of law or prior notice to the owners of the land, whose name finds place in the revenue records of their respective properties which is sought to be acquired.

4. The petitioners claim to have sent representations dated 26.05.2012, 13.09.2012 respectively requesting the respondents to give prior notice before acquiring the lands.

5. Under such circumstances, there shall be a direction to the respondents to consider the petitioners' representation dated 26.05.2012 and 13.09.2012, on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar kkd

To 1.The Secretary to Government, The State of Tamilnadu Secretary to Government, Industries Department, Secretariat, Chennai-9.

2.The District Collector, Kancheepuram District, Kancheepuram.

ALA(CO) EU(30/11/2016) W.P.Nos.4441 to 4443 of 2013