← Library
Madras High CourtWP/19183/2021disposed of

M.Velavan v. The Chief Engineer

2021-10-26Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2021

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.19183 OF 2021 AND W.M.P.NO.20481 OF 2021 M.Velavan ... Petitioner

Versus

1. The Chief Engineer, HRS Campus, Highways Department, 76, Sardar Patel Road, Guindy, Chennai - 600 025.

2. The Divisional Engineer, Highways Department, Chennai Metropolitan Development Plan, Division-IV, Chennai - 600 016.

3. The Divisional Engineer (H), CMDP, Division-II, Saidapet, Chennai - 600 015.

4. The Assistant Divisional Engineer, Highways Department, Construction and Maintenance Office, Tambaram Sub-Division, Chennai - 600 042.

5. The Assistant Engineer, Highways Department, Medavakkam, Chennai - 600 100.

6. The Special Deputy Collector, Land Acquisition, Tamil Nadu Urban Development Scheme (III), New Street, Super Bazaar, Commercial Complex, Alandur, Chennai - 600 016.

... Respondents

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd and 4th respondent to forthwith take action in accordance with law on the representation of the petitioner dated 24/08/2021 with respect to make re-survey and earmark the correct portion in the land and building comprised in Survey No.415/37 (128 Sq.mtrs.) and Survey No.415/39 (130 Sq.mtrs.) situated at Medavakkam Village, Tambaram Taluk, Chengalpet District, Chennai - 600 100. For Petitioner :

Mr.Sankar Ramasamy For Respondents : Mr.V.Veluchamy Government Advocate For R6 Mr.Su.Srinivasan Standing Counsel For Highways

O R D E R

This Writ Petition has been filed to direct the respondents 3 and 4 to forthwith take action in accordance with law on the representation of the petitioner dated 24.08.2021 with respect to make re-survey and earmark the correct portion in the land and building comprised in Survey No.415/37 (128 Sq.mtrs.) and Survey No.415/39(130 Sq.mtrs.) situated at Medavakkam Village, Tambaram Taluk, Chengalpet District, Chennai - 600 100.

2. It was submitted that as per the earlier order of this Court dated 04.10.2021, the respondents resurveyed the said property and marked the portion of the land for demolition.

3. The learned counsel for the petitioner submitted that they have already initiated the demolition process and seeks further time to complete all demolition work.

4. This Court had already directed the petitioner to complete the demolition work and handover the vacant possession of land to the respondents on or before 18.10.2021. However, considering the submissions made by the learned counsel for the petitioner, this Court is of the view that the petitioner shall complete the entire demolition process and hand over the vacant possession to the respondents on or before 08.11.2021. The Authorities are directed to file compliance report before this Court on 10.11.2021.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssn To 1.

The Chief Engineer, HRS Campus, Highways Department, 76, Sardar Patel Road, Guindy, Chennai - 600 025.

2.

The Divisional Engineer, Highways Department, Chennai Metropolitan Development Plan, Division-IV, Chennai - 600 016.

3.

The Divisional Engineer (H), CMDP, Division-II, Saidapet, Chennai - 600 015.

4.

The Assistant Divisional Engineer, Highways Department, Construction and Maintenance Office, Tambaram Sub-Division, Chennai - 600 042.

5.

The Assistant Engineer, Highways Department, Medavakkam, Chennai - 600 100.

6.

The Special Deputy Collector, Land Acquisition, Tamil Nadu Urban Development Scheme (III), New Street, Super Bazaar, Commercial Complex, Alandur, Chennai - 600 016.

+1cc to the Government Pleader, S.R.No.55914 W.P.NO.19183 OF 2021 AND W.M.P.NO.20481 OF 2021 RLD(CO) PBS/25/11/2021