Madras High CourtWP/23740/2025dismissed

A.Karpagam v. The Secretary To Government

2025-10-22Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.23740 of 2025 and WMP.No.26702 of 2025 A.Karpagam ... Petitioner Vs.

1.THE SECRETARY TO GOVERNMENT, HIGHWAYS DEPARTMENT, SECRETARIAT, CHENNAI 600 009 2.THE DISTRICT COLLECTOR, KANCHIPURAM DISTRICT.

3.THE SPECIAL DISTRICT REVENUE OFFICER, (LAND ACQUISITION), KANCHIPURAM, CHENNAI TO KANNIYAKUMARI HIGHWAYS PLAN, KANCHIPURAM DISTRICT.

4.THE THASILDAR, TAMILNADU HIGHWAYS DEVELOPMENT PLAN-II, KANCHIPURAM, 5.THE DIVISIONAL ENGINEER, (CONSTRUCTION AND MAINTENANCE) HIGHWAYS DEPARTMENT, SALAI THERU,KANCHIPURAM -2 6.THE ASSISTANT DIVISIONAL ENGINEER, (CONSTRUCTION AND MAINTENANCE) HIGHWAYS DEPARTMENT, 1/6

JAWAHARLAL NERU STREET, PERIYA KANCHIPURAM -2 ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from interfering the petitioner's peaceful possession and enjoyment of property measuring an extent of 38 cents S.F.No.15/3D at Kilkathirpur Village, Kanchipuram district For Petitioner : Mr.K.Sudhakar For Respondents : Mr.M.P.Murugan Raja, Government Advocate

O R D E R

This writ petition has been filed for direction forbearing the respondents from interfering with the peaceful possession and enjoyment of the property to an extent of 38 cents comprised in SF.No.15/3D situated at Kilkathirpur village, Kanchipuram District. 2.

The petitioner possesses the land comprised in SF.No.15/3D at Kilkathirpur Village, Kanchepuram to an extent of 38 cents in patta No.150. While being so, in order to acquire the subject land, the third respondent issued notice under the Tamil Nadu Land Acquisition Act, 2/6

2002. Though the petitioner objected, the land admeasuring 25 cents comprised in SF.No.13/3D situated at Kilkathirpur Village, Kanchepuram District was acquired in order to lay by-pass road. As per the original plan, road had to be laid in the middle of the property leaving 6 cents in middle and 7 cents on each side. However, they laid road leaving only one cent on one side and leaving 12 cents on the other side. Therefore, the petitioner submitted representation not to acquire the land which is in her possession and enjoyment of the petitioiner.

On perusal of the counter filed by the respondents and on submissions of the learned Government Advocate appearing for the respondents, it is revealed that the subject land is classified as anadheenam. However, before acquisition of the subject land, the petitioner was issued notice. Insofar as the other lands are concerned, award was already passed and compensation was duly determined. The compensation was also fixed for the land comprised in SF.No.15/3D2 to an extent of 1015 sq.mtrs which was acquired from the petitioner. In the acquired land, already road has been laid. Insofar as the property comprised in survey No.15/3D to an extent of 0.15.50 hectares is concerned, the same is classified as anadheenam poramboke land. 3/6

However, the petitioner failed to produce any document to prove her ownership and title over the subject land to receive compensation. Therefore, the representation submitted by the petitioner cannot be considered. As such, this writ petition is devoid of merits and the same is liable to be dismissed.

Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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To 1.THE SECRETARY TO GOVERNMENT, HIGHWAYS DEPARTMENT, SECRETARIAT, CHENNAI 600 009 2.THE DISTRICT COLLECTOR, KANCHIPURAM DISTRICT.

3.THE SPECIAL DISTRICT REVENUE OFFICER, (LAND ACQUISITION), KANCHIPURAM, CHENNAI TO KANNIYAKUMARI HIGHWAYS PLAN, KANCHIPURAM DISTRICT.

G.K.ILANTHIRAIYAN, J.

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