Madras High CourtWP/29486/2017disposed of

A.Basheer Ahmed, v. The Project Director,

2017-11-17Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.No.29486/2017 A.Basheer Ahmed ..

Petitioner

Versus

1.The Project Director The Tamil Nadu Road Sector Project-II, TNMB Building, I Floor, No.171 South Kesavaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai 600 028.

2.The Superintending Engineer The Tamil Nadu Road Sector Project-II, TNMB Building, I Floor, No.171 South Kesavaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai 600 028.

3.The Zonal Engineer [Highways] Kanchipuram, Kanchipuram District.

4.The District Collector The Office of District Collector Villupuram, Villupuram District.

5.The Special Tahsildar Revenue Divisional Office Campus Thiruvannamalai, Tiruvannamalai District.

6.The Tahsildar The office of Tahsildar Gingee, Gingee Taluk Villupuram District.

7.Mr.Devakadatcham 8.Mr.Munusamy @ Karvannan .. Respondents

Writ petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus directing the respondents 1 to 6 to consider and pass orders on petitioner's representation dated 22.07.2017 submitted for requesting necessary action against the illegal construction and encroachment mad eby the 7th and 8th respondents along the GingeeVillupuram Highway in the land bearing survey No.79 of Ottambattu village in Gingee - Villupuram Highway. For Petitioner :

Mr.V.R.Appaswamee For RR 1 to 6 :

Mr.M.Digvijaya Pandian, AGP

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] By consent, the writ petition is taken up for final disposal. Mr.M.Digvijaya Pandian, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 6. The petitioner claims to be a resident of Mattaparai village, Mathur Post, Gingee Taluk, Villupram District along with his family and according to him, the land admeasuring to an extent of 54 ares comprised in S.No.79 of the Ottampattu village in Gingee-Villupuram Highway, comes within the purview of the Tamil Nadu Road Sector Project-II of the Highways Department and the said land has been acquired for widening the road under the said Project.

It is the claim of the petitioner that the respondents 7 and 8 had encroached upon a portion of the said land and had put up a construction and after taking out the possession of theland, the superstructure was also demolished and however, the Highways Department failed to protect the possession and as a consequence, the respondents 7 and 8, once again, had encroached upon the land and started using it. It is also the specific case of the petitioner that on account of the said encroachment, the canal draining the rain water came to be blocked completely and as a consequence, the stagnated water has entered upon his field in S.No.91/2 and as a result, he suffered crop loss of Rs.2 lakhs. The petitioner, in this regard, has submitted representations dated 10.02.2017 ; 12.04.2017 and 22.07.

2017 respectively and despite receipt and acknowledgement, no action has been taken so far and therefore, the petitioner is constrained to approach this Court by filing the present writ petition.

Heard the learned counsel for the petitioner and Mr.M.Digvijaya Pandian, learned Additional Government Pleader appearing for the respondents 1 to 6 and also perused the materials placed before it.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the respondents 1 to 3 and 5, to put the petitioner as well as the respondents 6 to 8 on notice and thereafter, consider and dispose of the petitioner's representation dated 22.07.2017 on merits and in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the respondents 6 to 8 herein.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar AP To 1.The Project Director The Tamil Nadu Road Sector Project-II, TNMB Building, I Floor, No.171 South Kesavaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai 600 028.