V.Sarojammal v. The Divisional Engineer Highways,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-05-2025
CORAM
THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN AND WMP No. 20862, 20863 & 20864 of 2025 V.Sarojammal Petitioner Vs
1. The Divisional Engineer Highways, Scheme Division, Vellore -632 006.
2.The Assistant Engineer-Highways, Schemes Section-3, Vellore -632 006.
3.The Assistant Divisional Engineer-Highways, Schemes Sub Division-2, Vellore -632 006.
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to call for the records in Notice bearing Ref. Number 37/2012/EVA/Dated 07.05.2025, issued by The Assistant Divisional Engineer-Highways, Schemes Sub Division-2,Vellore-6, the 3rd respondent herein and quash the same as unlawful, arbitrary and unconstitutional and consequentially direct the respondents not to interfere with the Petitioners peaceful possession and enjoyment of the property comprised in Sy.No. 82A/9 situated at Bazaar Street, Anvarthikkanpettai, R.S. Village,
Anvarthikkanpettai, Arakonam Taluk, Ranipet District, which is not the subject matter of acquisition.
For Petitioner : Mr.M.Himavanth For Respondents : Ms.R.Anitha, Special Government Pleader
ORDER
The petitioner's husband, one Venkatesan purchased the property situated in S.No.82A/9 at Anvarthikkanpettai, Arakonam Taluk, Ranipet District on 01.06.2012. The purchase was to an extent of 680 sq. ft. corresponding to 63.17 sq. mts. Venkatesan passed away on 06.05.2021 leaving behind the petitioner and their children to succeed to their estate.
2. S.No.82A/9 was a subject matter of acquisition to an extent of 53 sq. mts. out of 394 sq. mts. The petitioner also received a compensation for 48 sq. mts. A sale deed was taken by the respondents for the remaining extent in document No.398/2024 on 23.01.2024. It is not in dispute that the extent, which has been acquired, has been taken possession of.
3. The cause of action for the present writ petition is that a notice was issued to the writ petitioner calling upon her to surrender the entire area under
her. Aggrieved by the same, the present writ petition.
4. When the matter came up for hearing, Ms.R.Anitha, learned Special Government Pleader appearing for the respondents states that she has been instructed by the Divisional Engineer (Highways), Projects Division, Vellore on 15.05.2025 to the effect that the Highways Department will not demolish nor has it demolished the building in the land, which has not been acquired by the Department. She states that in case, the Highways Department requires the land, they will acquire it in accordance with law.
5. The impugned order though states that the petitioner's entire extent would be taken, Ms.R.Anitha states that it has to be viewed that the entire extent acquired by Highways Department alone will be taken possession of.
6. The instructions given by the Highways Department is scanned and extracted herein:
7. As the grievance of the petitioner has been addressed, suffice it to record the instructions of the Highways Department.
8. The Writ Petition stands closed. No costs. Consequently, the connected miscellaneous petitions are closed.
16-05-2025 nl Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Divisional Engineer Highways, Scheme Division, Vellore -632 006.
2.The Assistant Engineer-Highways, Schemes Section-3, Vellore -632 006.
3.The Assistant Divisional Engineer-Highways, Schemes Sub Division-2, Vellore -632 006.
V.LAKSHMINARAYANAN J.
nl WP No. 18608 of 2025 and WMP Nos. 20862, 20863 & 20864 of 2025
16-05-2025