B.Prasad v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.13971 of 2020 B.Prasad ..Petitioner vs

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

2. The Revenue Divisional Officer, Office of the Sub-Collectorate, Hosur, Krishnagiri District.

3. The Commissioner of Hosur Corporation, Bagalur Road, Hosur 635 109.

.. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to cosnider the petitioner's representation dated 20.06.2020 for issuance of no objection certificate by certifying that the land situated in Old Survey No.558, New Survey No.558/3A2, Hosur Town, Krishnagiri District measuring an extent of 18 cents is not under any acquisition proceedings, within the time as stipulated by this Court.

For Petitioner : Mr.R.Bharathkumar For Respondents: Mr.M.Elumalai, AGP

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondent to consider the representation made by the petitioner on 20.6.2020 and to issue No Objection Certificate within the time stipulated by this Court. 2.The specific case of the petitioner is that proceedings were initiated under the Land Acquisition Act for acquiring land for public purpose in order to lay an Approach Road to Hosur Bus Stand. The specific case of the petitioner is that in so far as Survey No.558/3A2 (Old S.No.558) is concerned, only 7 cents of land was acquired out of 25 cents. The petitioner therefore wants a No Objection Certificate from the respondents to certify that the balance of 18 cents was not acquired and it continues to belong to the petitioner. Since the same was not considered, https://hcservices.ecourts.gov.in/hcservices/

the present writ petition has been filed before this Court.

2. Heard Mr.R.Bharathkumar, learned counsel appearing for the petitioner and Mr.Elumalai, learned Addl. Govt. Pleader appearing for the respondents.

3. In the considered view of this Court, it is not known as to why the petitioner is seeking for a No Objection Certificate for lands which according to him, was not acquired by the respondent. The specific case of the petitioner is that only 7 cents was acquired out of 25 cents. When that be so, this Court does not find any reason why a direction should be given to the respondents to issue a No Objection Certificate for the balance 18 cents, which according to the petitioner, was not even acquired.

4. This Court does not find any reason to give any direction to the respondents to consider the representation by the petitioner and the relief claimed by the petitioner cannot be granted by this Court.

5. In the result, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar msr To

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

2. The Revenue Divisional Officer, Office of the Sub-Collectorate, Hosur, Krishnagiri District.

3. The Commissioner of Hosur Corporation, Bagalur Road, Hosur 635 109.

+1cc to Mr.R.Bharathkumar, Advocate SR.No.33824 +1cc to Government Pleader SR.No.33824 WP.No.13971 of 2020 PA(CO) GMY(18/11/2020) https://hcservices.ecourts.gov.in/hcservices/