K.Bagyalakshmi v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2022
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.20057 of 2019 and WMP.No.19527 of 2019 K.Bagyalakshmi
...Petitioner
Vs
1. State of Tamilnadu, Represented by its Secretary to Government, Highways Department, Secretariat, Fort St.George, Chennai 600 009
2. The Executive Engineer, Highways Department, Tambaram Division, Velachery, Chennai 600 042
3. The Divisional Engineer, Chennai Metropolitan Development Scheme Divn. Guindy, Chennai 600 032
4. The Tahsildar, Tambaram Taluk, Tambaram Sanitorium, Chennai 600 047
...Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents, their men, staff, agents, subordinates from in any way interfering with the petitioner's peaceful possession and enjoyment of the property comprised in survey No.186/15 (Old survey No.141/1) Kovilambakkam Village, Tambaram Taluk, Kancheepuram District except in accordance with law.
For Petitioner : Mr.Adhithyaraj for M/s.P.Wilson Associates For Respondents For R1, 2 & 4 : Mr.P.Baladhandayutham, Special Government Pleader
ORDER
This writ petition is filed for direction forbearing the respondents, their men, staff, agents, subordinates from in any way interfering with the petitioner's peaceful possession and enjoyment of the property comprised in survey No.186/15 (Old survey No.141/1) Kovilambakkam Village, Tambaram Taluk, Kancheepuram District except in accordance with law.
2. Heard, Mr.Adhithyaraj, the learned counsel for the petitioner, and Mr.P.Baladhandayutham, Special Government Pleader appearing for respondents 1, 2 & 4.
3. The second respondent filed counter and stated that as on today, there is no proposal to acquire the subject land for the purpose of widening the road. The markings made by the officials of the Highways Department are only to gain first hand information as to how much of width of the road is required to accommodate the free flow of traffic. In the event of acquiring the land of the petitioner, notice will be issued to her and all due procedure will be followed. Therefore, there is no proposal to acquire the subject land and if it is required to be acquired, the petitioner will be put on notice and she will be given all due opportunity.
4. Recording the above, the writ petition is closed. Consequently, connected miscellaneous petition is closed. No order as to costs.
Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar lok To
1. The Secretary to Government, State of Tamilnadu, Highways Department, Secretariat, Fort St.George, Chennai 600 009.
2. The Executive Engineer, Highways Department, Tambaram Division, Velachery, Chennai 600 042.
3. The Divisional Engineer, Chennai Metropolitan Development Scheme Divn. Guindy, Chennai 600 032.
4. The Tahsildar, Tambaram Taluk, Tambaram Sanitorium, Chennai 600 047.
+1cc to M/s.P.Wilson Associates, Advocate SR. No.7172 +1cc to Government Pleader SR. No.7380 WP.No.20057 of 2019 MG (CO) PR (23/02/2022)