J.Subramani v. The Special Tahsildar (L.A)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.5797 of 2014 J.Subramani ...

Petitioner Vs.

1 The Special Tahsildar (L.A.), Unit III, Outer Ring road, (C.M.D.A. Project), Koyambedu, Chennai.

2 The District Collector, Tiruvallur District, Tiruvallur.

...

Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to refer the petitioners acquisition of land comprised in Survey No.

(1) 258/3B admeasuring 0.06.0 hectares, (2) 300/1A2 admeasuring 0.08.0 hectares, (3) 300/1B1 admeasuring 0.70.0 and (4) 300/2A2 admeasuring 0.05.0 hectares totally measuring 0.89.0 hectares, acquired for Vayalanallur Outer Ring road Scheme in Vayalanallur Village, Poonamalee Taluk, Tiruvallur District to the competent Court of law for reference under Sec.18 of the Land Acquisition Act, 1984, within a time limit. For Petitioner : Mr.A.S.Vijay Anand For Respondents : Mr.D.Raja, A.G.P.

******

O R D E R

According to the petitioner, petitioner's land was acquired by the respondent department. Petitioner appeared before the respondent for enquiry, raised objection and requested for reference under Section 18 of the Land Acquisition Act, 1894 to the competent Court. Therefore, the petitioner has filed the present writ petition before this Court.

https://hcservices.ecourts.gov.in/hcservices/

2. The learned Additional Government Pleader appearing for the respondent department produced a letter from the first respondent in Rc.No.110/2001/LA(ORR) UnitIV, dated 18.3.2019, along with copy of the order of the reference Court, stating that L.A.O.P. cases of the petitioner in L.A.O.P.No.62 of 2002, 25 of 2003 were referred to competent Court. L.A.O.P.No.62 of 2002 was closed for the reason that the claimant called absent on 12.11.2002 and the other L.A.O.P. are still pending before the Sub Court, Poonamallee. Therefore, the writ petition is not maintainable before this Court.

3. Recording the aforesaid submission, the writ petition is dismissed. However, it is open to the petitioner to work out his remedy before the appropriate forum. No Costs.

Sd/-- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vaan To 1 The Special Tahsildar (L.A.), Unit III, Outer Ring road, (C.M.D.A. Project), Koyambedu, Chennai.

2 The District Collector, Tiruvallur District, Tiruvallur.

+1cc to Mr.A.S.Vijay Anand , Advocate SR.No. 26115 +1 cc to Government Pleader SR.NO. 26266 W.P.No.5797 of 2014 A.SK(27/04/2019) https://hcservices.ecourts.gov.in/hcservices/