N. Purusothaman v. The Special Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2018 C O R A M THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN Writ Petition Nos.24916 & 24917 of 2018 N.Purusothaman ... Petitioner in W.P.No.24916 of D.Radha ... Petitioner in W.P.No.24917 of Vs.

The Special Tahsildar (Land Acquisition) Unit-2, National Highways Office, Poonamallee, Chennai-600 056.

... Respondent in both the WPs Prayer in W.P.Nos.24916 & 24917 of 2018:

Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to pay the compensation amount as per the land acquisition proceedings initiate in respect of their agricultural land to the extent of 61⁄2 cent in Survey *S.No.115/4C situated at Padiyanallur Village, Ponneri SRO, North Madras, Registration District.

For Petitioners : M/S.D.Bharathy For Respondent : Mr.D.Raja Additional Government Pleader C O M M O N O R D E R The Writ Petitions have been filed seeking direction to the respondent to pay the compensation amount in respect of the petitioners' agricultural land to a total extent of 61⁄2 cents, in Survey *S.No.115/4C, situated at Padiyanallur village, Ponneri SRO, North Madras.

2. The grievance of the petitioners is that the petitioners' land were sought to be acquired by the respondent https://hcservices.ecourts.gov.in/hcservices/

under the National Highways Act. So far no award has been passed and the compensation amount is also not paid to the petitioners, hence the present Writ Petitions have been filed.

3. Earlier, Notice was ordered to the respondent. Today Mr.D.Raja, learned Additional Government Pleader, appearing for the respondent on instruction submitted that even though a notification under 3A of the National Highways Act, was issued earlier, subsequently in the year 2003, the entire acquisition proceedings were stopped and the lands of the petitioners' were not acquired, hence the request for paying compensation does not arise.

4. The above submissions were recorded. Since the acquisition proceedings itself is stopped, the prayer sought for by the Writ petitioners cannot be granted. Hence, the Writ Petitions are dismissed. No costs.

Considering the Circumstances, amendment Petition in W.M.P. 816 & 820/2019 are ordered accordingly. Resultanly, impleding Petitions in W.M.P. Nos. 30698 & 30699/2018 are closed.

Sd/- Assistant Registrar(CS IX) Dated: 30.11.2018 * Amended as per order dated 10.01.2019 made in W.M.P. 816 & 820/2019 & 30698 & 30699/2018 and W.P.No.24916 & 24917/2018.

sd/- Assistant Registrar (CS IV) Dated: 18.02.2019 //True Copy// Sub Assistant Registrar msvm To The Special Tahsildar To be Substituted to the (Land Acquisition) order already despatched Unit-2, National Highways Office, on 20.12.2018.

Poonamallee,Chennai-600 056.

+1cc to M/S.D.Bharathy, Advocate, S.R.No.3357 +1cc to the Government Pleader, S.R.No.69705 W.P.Nos.24916 & 24917 of 2018 RSI(Co) CS/07/12/2018 SP(18/02/2019) https://hcservices.ecourts.gov.in/hcservices/