Madras High CourtWP/18160/2019disposed of

Saravanakumar v. The District Collector

2019-07-17Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 17.07.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN W.P.No.18160 of 2019 and WMP.No.17527 of 2019 Saravanakumar

...Petitioner

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

2. The Disttrict Revenue Officer/Land Acquisition Officer, District Collector Office Compound, Namakkal.

3. The Divisional Engineer, Tamil Nadu State Highways Department,

4. The Assistant Divisional Engineer, Tamil Nadu State Highways Department, Tiruchengode, Namakkal District.

5. The Assistant Engineer, Tamil Nadu State Highways Department, Pallipalayam, Namakkal District.

6. The Tahsildar (Land Acquisition), District Collector Office Campus,

7. The Tahsildar, Kumarapalayam Taluk,

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, forbearing the respondents from acquiring petitioner property comprised in No.20, Kokkarayanpettai village Natham old S.NO.142/1 part, New S.No.142/9, admeasuring to an extent of 480 sqft without due process of law, on the basis of the petitioner's representation dated 17.06.2019.

For Petitioner : Mr.S.Viswanathan For Respondents : Mr.D.Raja Addl.Govt.Pleader

O R D E R

This writ petition is filed to forbear the respondents from acquiring petitioner property comprised in No.20, Kokkarayanpettai village Natham old S.NO.142/1 part, New S.No.142/9, admeasuring to an extent of 480 sqft without due process of law, on the basis of the petitioner's representation dated 17.06.2019.

2. Heard the learned counsel for the parties.

3. After notice, the learned Government Advocate appearing for the respondents, circulated a communication of the Assistant Divisional Engineer, Tamil Nadu State Highways Department, Tiruchengode, Namakkal District, stating that, the Highways Department will take action only, if there is any encroachment in the Highway lands and that will be done, in accordance with the Rules. He would further submit that as far as the private land of the petitioner is concerned, there is no proposal with the Highways Department, for acquisition of land.

4. In the light of the above fact, the apprehension of the petitioner herein is unfound. Recording the submission of the learned Government Advocate, the writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar Pkn.