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Madras High CourtWP/15558/2021disposed of

K.Mohan v. The Distirct Collector

2021-08-09Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.15558 of 2021 K.Mohan

...Petitioner

Vs.

1. The District Collector, Office of the District Collector,

2. Tahsildar, Cheyyur,

3. Special Tahsildar, Land Acquisition, No.5, Cheyyur Power Project,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to consider the representation of the petitioner dated 05.05.2021 and pass orders on merits and in accordance with law, regarding declaration that the petitioner's property situated in 260/5A4B, at Panaiyur Village, Edaikazhinadu, Cheyyur Taluk, Kancheepuram District does not form part of the land acquisition proceedings for coal conveyor corridor and proposed storm-water drain, proposed to be constructed from Paniyur Port to the proposed Cheyur Power Plant,to issue a no objection certificate within a time frame. For Petitioner .. Mr.G.Bala and Daisy For RR1 to 3 .. Mr.Yogesh Kannadasan (Govt.Advocate)

ORDER

This Writ Petition has been filed seeking a direction to the 2nd respondent namely, Tahsildar, Cheyyar, Kancheepuram District, to consider the representation of the petitioner dated 05.05.2021 regarding a declaration with the property of the petitioner situated in S.No.260/5A4B, at Panaiyur Village,

Edaikazhinadu, Cheyyur Taluk, Kancheepuram District. The petitioner seeks clarification whether the land forms part of the land acquisition proceedings for the purpose of constructing a coal conveyor corridor and storm water drain constructed from Panaiyur Port to the proposed Cheyyur Power Plant.

2. Mr.Yogesh Kannadasan, learned Government Advocate, on the other hand informed that the communication had been issued to the office of the Government Pleader from the 3rd respondent namely, Special Tahsildar, Land Acquisition No.5, Cheyyur Power Project, Kancheepuram District, that the lands of the petitioner are under acquisition and in this connection has drawn reference to a letter dated 17.10.2014 bearing No.S2/24601/2014 issued by the Additional Chief Secretary and Commissioner of Land Administration in this regard.

3. It would be proper that the petitioner is also put on notice of the said communication. A direction is given to the 2nd respondent to forward the representation of the petitioner dated 05.05.2021 to the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order and thereafter, the 3rd respondent to issue notice to the petitioner for appearance within a period of four weeks from that date onwards and also serve a copy of the said communication to the petitioner who may workout his remedy accordingly.

4. With the said observations, the Writ Petition is disposed of. No costs.

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

1. The District Collector, O/o District Collector,

2. Tahsildar, Cheyyur,

3. Special Tahsildar, Land Acquisition No.5 Cheyyur Power Project, +1 CC to M/s.G.Bala & Daisy, Advocate, Sr.No. 39227. +1 CC to The Government Pleader, Sr.No. 39766. W.P.No.15558 of 2021 NRL(CO) LS(27/08/2021)