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Madras High CourtWP/21412/2024disposed of

R.Venkatarama Chetty v. The District Collector

2024-07-31Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIG H COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.21412 of 2024 & WMP.No.23366 of 2024 R.Venkatarama Chetty .. Petitioner

Versus

1. The District Collector, Thiruvallur District, Thiruvallur - 602 001.

2. The Special District Revenue Officer [Land Acquisition], Chennai Peripheral Ring Road Project, Administrative Office Block, [Ground Floor], SIDCO Branch Office Complex, Ambattur Industrial Estate, Chennai - 600 058.

3. The Special Tahsildar [Land Acquisition] Unit IV, Chennai Peripheral Ring Road Project, Having Office at 1st Floor, Lal Bahadur Sastri Street, Periyakuppam, Thiruvallur - 602 001.

4. The Executive Director, Tamil Nadu Road, Infrasture Development Corporation, 735, 4th Floor, LL Building, Anna Salai, Chennai - 600 006.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representations made by the petitioner on 04.08.2020 and 02.05.2022 pursuant to the order made by this Honourable Court in WP.No.18113 of 2022 dated 1/6

18.07.2022 or in alternative direct the respondents to consider withdrawing the entire acquisition proceedings of the petitioners lands situated at S.No. 739/7B1 measuring an extent of 0-16.00 Hectare S.No. 739/8 measuring an extent of 05.00 Hectare S.No.739/9 measuring an extent of 0-6.50 Hectare and S.No.739/10 measuring an extent of 0-11.50 Hectare (as per patta No.999) in Polivakkam Village, Thiruvallur District as per Section 16(1) of the Tamil Nadu State Highways Act 2001.

For Petitioner : Mr.P.K.Harinath Babu For Respondents : Mr.U.Baranidharan Additional Government Pleader

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed to direct the respondents to consider the representations made by the petitioner on 04.08.2020 and 02.05.2022 pursuant to the order made by this Honourable Court in WP.No.18113 of 2022 dated 18.07.2022 or in alternative direct the respondents to consider withdrawing the entire acquisition proceedings of the petitioners lands situated at S.No. 739/7B1 measuring an extent of 0-16.00 Hectare S.No. 739/8 measuring an extent of 05.00 Hectare S.No.739/9 measuring an extent of 0-6.50 Hectare and 2/6

S.No.739/10 measuring an extent of 0-11.50 Hectare (as per patta No.999) in Polivakkam Village, Thiruvallur District as per Section 16(1) of the Tamil Nadu State Highways Act 2001.

3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

4. The case of the petitioner is that the he is residing in the subject property for the past 49 years and he registered the subject property by way of sale deed dated 30.11.1983 and patta has also been mutated in favour of the the petitioner. While so, the State Government sought to acquire vast extent of lands in Polivakkam Village including the petitioner's property vide notification under section 15[2] of the Tamil Nadu State Highways Act, 2001 on 20.06.2020. The petitioner also submitted various representations to drop the acquistion proceedings and to revest the lands to the petitioner. But the respondents have not considered the representation of the petitioner. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, the 3/6

respondents are directed to consider the representations of the petitioner dated 04.08.2020 and 02.05.2022 and pass appropriate orders on the same on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 31.07.2024 vrc Index :Yes/No Internet :Yes/No To,

1. The District Collector, Thiruvallur District, Thiruvallur - 602 001.

2. The Special District Revenue Officer [Land Acquisition], Chennai Peripheral Ring Road Project, Administrative Office Block, [Ground Floor], SIDCO Branch Office Complex, Ambattur Industrial Estate, Chennai - 600 058.

3. The Special Tahsildar [Land Acquisition] Unit IV, Chennai Peripheral Ring Road Project, 4/6

Having Office at 1st Floor, Lal Bahadur Sastri Street, Periyakuppam, Thiruvallur - 602 001.

4. The Executive Director, Tamil Nadu Road, Infrasture Development Corporation, 735, 4th Floor, LL Building, Anna Salai, Chennai - 600 006.

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N. SATHISH KUMAR, J.

vrc W.P.No.21412 of 2024 31.07.2024 6/6