Pushpam Jeevanandham(Deceased), v. The Chief Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.32016 OF 2014 AND M.P.NOS.1 AND 2 OF 2014 Pushpam Jeevanandham (Deceased)
2. Rebecca Jeevanandham (P2 substituted as L.R. of deceased sole petitioner vide order dated 22.03.2022 made in W.M.P.3593 of 2022 in W.P.32016 of 2014 by MDIJ) ... Petitioners .Vs.
1. The Chief Engineer, National Highways, Chennai - 600 005.
2. The Assistant Divisional Engineer (Highways) C & M, Chengalpattu.
... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents, their men, agents and any other person from interfering with the property bearing S.No.58/1A2B part situated at Mamallapuram Village, Thirukalukunram Taluk, Kancheepuram District and further to provide the equal amount of land measuring 10,200 sq.ft. on the western side of the petitioner property in the event of acquisition and to provide 800 sq.ft. of land on the rear side of the petitioner property which the second respondent took from the petitioner on 01.10.2014.
For Petitioners : Mr.M.Kamalanathan For Respondents : Mr.R.Vignesaran Government Advocate
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus forbearing the respondents, their men, agents and any other person from interfering with the property bearing S.No.58/1A2B part situated at Mamallapuram Village, Thirukalukunram Taluk, Kancheepuram District and further to provide the equal amount of land measuring 10,200 sq.ft. on the western side of the petitioner property in the event of acquisition and to provide 800 sq.ft. of land on the rear side of the petitioner property which the second respondent took from the petitioner on 01.10.2014.
2. Since the sole petitioner who filed this writ petition died during the pendancy of this writ petition, the second petitioner, being the legal heir of deceased petitioner has been impleaded in this petition.
3. The learned counsel appearing for the petitioners submitted that without following due process of law the second petitioner's possession is interfered with by the respondents.
4. The learned Government Advocate appearing for the respondents submitted that the second petitioner's possession will not be disturbed without following due process of law.
5. Recording the submission made by the learned Government Advocate appearing for the respondents, this writ petition closed. No costs. Consequently, the connected miscellaneous petitions are also closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar pri To 1.
The Chief Engineer, National Highways, Chennai - 600 005.
2.
The Assistant Divisional Engineer (Highways) C & M, Chengalpattu.
+1cc to Mr.M.Kamalanathan, Advocate, S.R.No.22014 +1cc to the Government Pleader, S.R.No.22693 W.P.NO.32016 OF 2014 AND M.P.NOS.1 AND 2 OF 2014 PMK(CO) PBS/12/04/2022