← Library
Madras High CourtWP/18836/2018disposed of

Johnwesley v. The District Collector

2018-07-27Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.18836 of 2018 and W.M.P.Nos.22205 and 22206 of 2018 1.Johnwesley 2.Ramalingam ... Petitioners vs.

1.The District Collector, Coimbatore District, Coimbatore.

2.The Chief Engineer, State Highways, Guindy, Chennai.

3.The Divisional Engineer, (Planning), State Highways, Mettupalayam Road, North Coimbatore, Coimbatore.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from demolishing the petitioners buildings situated at No.78-A and 74-A/5, Gandhiji Road, Rathinapuri for laying ramp road for Thayir Itteri Railway Under Bridge (LC-13), Rathinapuri, Coimbatore unless fix and disburse the compensation under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).

For Petitioners : Mr.C.Prakasam For Respondents : Mr.Akhil Akbar Ali Government Advocate

ORDER

This writ petition has been filed for issuance of a writ of mandamus forbearing the respondents from demolishing the building of the petitioner situated at No.78-A and 74-A/5, https://hcservices.ecourts.gov.in/hcservices/

Gandhiji Road, Rathinapuri, without fixing and disbursing the compensation under Act 30 of 2013.

2. Heard Mr.C.Prakasam, learned counsel for the petitioners and Mr.Akhil Akbar Ali, learned Government Advocate appearing for the respondents and perused the materials available on record.

3. It is represented by the learned Government Advocate that the proposal to acquire the land of the petitioner was dropped and in future if the land of the petitioner is acquired, the respondents would pay compensation in accordance with law.

4. Recording the above submission made by the learned Government Advocate, this writ petition is closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ms To 1.The District Collector, Coimbatore District, Coimbatore.

2.The Chief Engineer, State Highways, Guindy, Chennai.

3.The Divisional Engineer, (Planning), State Highways, Mettupalayam Road, North Coimbatore, Coimbatore.

+1cc to Mr.C.PRAKASAM, Advocate, S.R.No. 51461 +1cc to the Government Pleader, S.R.No. 51426 W.P.No.18836 of 2018 and W.M.P.Nos.22205 and 22206 of 2018 TR(09/08/2018) https://hcservices.ecourts.gov.in/hcservices/