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Madras High CourtWP/15425/2010disposed of

S.Sasthiravalli v. The District Collector

2018-07-23Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.Nos.15425 & 15426 of 2010 and M.P.Nos.1,1 and 2 of 2010 S.Sasthiravalli

...Petitioner in W.P.No.15425 of 2010

Y.Wilson

...Petitioner in W.P.No.15426 of 2010

Vs.

1.The District Collector, Kancheepuram District.

2.The Chairman and Managing Director, Tamil Nadu Slum Clearance Board, Chennai.

3.The Executive Engineer/Estate Officer, Tamil Nadu Slum Clearance Board, Sivalingapuram, K.K.Nagar Division, Chennai.

4.The Highways Rural Development Corporation, represented by its Divisional Engineer, 2nd Floor, Alandur Municipality Office, Chennai-600 016.

5.The District Revenue Officer, Chengalpet.

6.The General Manager, Southern Railway, Chennai.

7.The Secretary to Government, Government of Tamil Nadu, Highways (NH2) Department, Secretariat, St.George Fort, Chennai-600 009.

...Respondents

Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, forbearing the respondents from evicting or demolishing or dispossessing the petitioners' houses comprised in Survey No.169 situate at Plot No.160, Selliyamman Nagar, Kancheepuram

District, without due process of law or under the Tamil Nadu Highways Act 2001 (Tamil Nadu Act 24 of 2002). For Petitioners : Mr.R.Karunagaran Mr.J.Ramesh, AGP (for RR1, 4,5 &7) For Respondents : Mr.S.Prabhu (for RR2 & 3 ) Standing Counsel (TNSCB) Mr.P.T.Ramkumar (for R6) COMMON ORDER The prayer made in these Writ Petitions is to forbear the respondents from evicting or dispossessing the petitioners from their respective houses in Survey No.169 situated at Plot No.160, Selliyamman Nagar, Kancheepuram District, without due process of law or under the provisions of the Tamil Nadu Highways Act 2001. 2.When the matters were taken up for consideration, the learned Additional Government Pleader appearing for the respondents, on instructions, submitted that for construction of a Road over bridge between Vandaloor-Kuduvancherry Railway Stations, acquisition proceedings was proceeded with, however, it does not cover the petitioners' land in Survey No.169 at Killambakkam Village, Kancheepuram District.

3.Recording the same, both the writ petitions stand closed, leaving it open to the petitioners to approach the authorities concerned as and when required. No costs. Consequently, connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rm To 1.The District Collector, Kancheepuram District.

2.The Chairman and Managing Director, Tamil Nadu Slum Clearance Board, Chennai.

3.The Executive Engineer/Estate Officer, Tamil Nadu Slum Clearance Board, Sivalingapuram, K.K.Nagar Division, Chennai.

4.The Highways Rural Development Corporation, represented by its Divisional Engineer, 2nd Floor, Alandur Municipality Office, Chennai-600 016.

5.The District Revenue Officer, Chengalpet.

6.The General Manager, Southern Railway, Chennai.

7.The Secretary to Government, Government of Tamil Nadu, Highways (NH2) Department, Secretariat, St.George Fort, Chennai-600 009.

+1cc to the Government Pleader, S.R.No. 49385 W.P.Nos.15425 & 15426 of 2010 rrs 28/09/2018