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Madras High CourtWP/24252/2018disposed of

Janarthanan v. The District Collector

2018-10-05Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 24252 of 2018 Janarthanan ... Petitioner Vs.

1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Assistant Executive Engineer, Highways Department (Building and Maintenance) Tambaram Division, Velacherry, Chennai-600 042.

3.The Tahsildar, Sholinganallur Taluk, Kancheepuram Dt.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to initiate Land Acquisition proceedings under the Act, issue proper notice to the petitioner and to deal the matter as per the provisions of the said Act in the respect of the property situated at Survey No.245/1 in No.149, Pallaikaranai Village, Sholinganallur Taluk, Kancheepuram District.

For Petitioner : Mr.J.Franklin For Respondents : Mr.M.Elumalai Government Advocate

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents to initiate the land acquisition proceedings for acquiring the petitioner's land.

2. The grievance of the petitioner is that he is the owner of the property to an extent of 30 cents in Survey No.245/1, in No.149, Pallikaranai Village and he has also constructed a shop in that land. Earlier, the respondents without giving any notice to the petitioner proposed to demolish the property for nearly 50 ft. from the road margin for widening the Velacherry-Tambaram Highway project. Since the respondents proposed to demolish the https://hcservices.ecourts.gov.in/hcservices/

property without acquiring the land, earlier, the petitioner has filed the Writ Petition in W.P.No.24878 of 2017 restraining the respondents from interfering with his possession and the Division Bench of this Court passed a final order dated 14.02.2018 restraining the respondents from interfering with the petitioner's possession. Now, the grievance of the petitioner that thereafter, no acquisition proceedings has been initiated and they have also not paid any compensation for acquisition of land. Hence, the present Writ Petition.

3. Earlier, notice was ordered to the respondents. Today, Mr.M.Elumalai, learned Government Pleader appearing for the respondents, on instructions, submitted that now the respondents have initiated land acquisition proceedings and they will complete the acquisition proceedings within a period of four months from the date of revised land acquisition proposal submitted by the District Collector, Kancheepuram, and after completing all legal formalities, the land will be taken possession before March 2019.

4. Recording the above submissions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpp To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Assistant Executive Engineer, Highways Department (Building and Maintenance) Tambaram Division, Velacherry, Chennai-600 042.

3.The Tahsildar, Sholinganallur Taluk, Kancheepuram Dt.

+1cc to the Government Pleader, S.R.No.69150 W.P. 24252 of 2018 SSV(CO) rrs 12/12/2018 https://hcservices.ecourts.gov.in/hcservices/