S.Karunakaran v. The State Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mr.S.Karunakaran ... Petitioner Vs.

1.The State Government of Tamilnadu, Represented by its Principal Secretary Highways and Minor Ports (HW1) Department, Fort St.George, Chennai - 600 009.

2.The Special District Revenue Officer, Land Acquisition Highway Department, Metropolis, Alandur, Chennai - 600 016.

3.The Special Tahsildar, Tamil Nadu Urban Development Scheme, Land Acquisition and Administration, H.R.S.Complex, Guindy, Chennai - 600 016.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to dispose the petitioner's representation dated 02.06.2023 and consequently to pay award for acquisition of the petitioner land an extent of 0.0022 sq.mt (300 Sq.feet) comprised in Survey No.164/6, bearing Old Door No.3/474, New No.3/201, East Coast Road, Palavakkam, Village, Sholinganallur Taluk, Chennai District previously Chengalpet District for the purpose of extension of 6 Lane Road from Thiruvanmiyur to Akkarai.

For Petitioner : Ms.K.Varsha For Respondents : Mr.V.Arun, Additional Advocate General assisted by Mr.T.Venkatesh Kumar, Special Government Pleader

O R D E R

The relief sought for in the present Writ Petition is to direct the 3rd respondent to dispose of the petitioner's representation dated 02.06.2023 and consequently pay compensation for their lands proposed to be acquired.

2. Perusal of the affidavit filed in support of the Writ Petition reveals that the petitioner has not furnished any details regarding the acquisition proceedings initiated by the competent authorities. Even the name of the project or the name of the authorities are also missing in the affidavit filed in support of the Writ Petition.

3. The learned Additional Advocate General appearing on behalf of the respondents made a submission that in the absence of any such particulars, the respondents may not be in a position to file even a counter or

to redress the grievances of the writ petitioner. On account of debt of particulars, the Writ Petition is unable to be entertained by this Court.

4. Thus, the petitioner is at liberty to file a fresh Writ Petition setting out all the facts and details along with the documents to establish that the lands belonging to him is proposed to be acquired by the competent authorities.

5. With this liberty, the Writ Petition stands disposed of. No costs. 18.08.2023 skr Index : Yes Speaking order

To 1.The State Government of Tamilnadu, Represented by its Principal Secretary Highways and Minor Ports (HW1) Department, Fort St.George, Chennai - 600 009.

2.The Special District Revenue Officer, Land Acquisition Highway Department, Metropolis, Alandur, Chennai - 600 016.

3.The Special Tahsildar, Tamil Nadu Urban Development Scheme, Land Acquisition and Administration, H.R.S.Complex, Guindy, Chennai - 600 016.

S.M.SUBRAMANIAM, J.

skr 18.08.2023