S.Sivakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Sivakumar ... Petitioner Vs.

1.The District Collector, Chengalpattu, Chengalpattu District.

2.The Special District Revenue Office, (Land Acquisition), Chennai-Kannyakumari Industrialway Project, District Collector Office, Kancheepuram District -631501.

3.The Tahsildar (Land Acquisition), Land Acquisition Department, 1st Floor, Taluk Office Buildings, GST Road, Tambaram, Chennai -600045.

4.The Divisional Engineer (Highways), Chennai Metropolitan Development Project, Sub-Division-3, Division-1, Chennai-6000016.

5.The Assistant Divisional Engineer (Highways), 1/5

Chennai Metropolitan Area Development Project, Sub-Division-3, Division-1, Chennai-600016 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to consider petitioner's representation dated 22.07.2024 and to remove the mark/entry in the petitioner's land in Plot No.49 measuring about 1867 sq.ft. in Seeba Nagar Layout situated at Door No.10, Puthur Village, Old Survey No.17/1,3, New Survey No.17/8, Chengalpattu Taluk, Kancheepuram District since the second respondent has not acquired the petitioner's land by following the procedure contemplated under Land Acquisition Act and pass orders. For Petitioner(s) : Mr.B.Thirumalai For Respondent(s) : Mr.A.Selvendran Special Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus, to direct the first respondent to consider petitioner's representation dated 22.07.2024 and to remove the mark/entry in the petitioner's land comprised in Old Survey No.17/1,3, New Survey No.17/8, in Plot No.49 measuring an extent of 1867 sq.ft. 2/5

in Seeba Nagar Layout situated at Door No.10, Puthur Village, Chengalpattu Taluk, Kancheepuram District since the second respondent has not acquired the petitioner's land by following the procedure contemplated under Land Acquisition Act.

3. The learned Special Government Pleader for the respondents would submit that the writ petition is misconceived inasmuch as a notice came to be issued under Section 15 (2) of the Tamil Nadu Highways Act, 2001 on 31.05.2010 followed by a notice under Section 15(1) of the Tamil Nadu Highways Act, 2001 on 09.02.2017 for the formation of Tambaram Eastern Byepass road. As a matter of fact, it was submitted by the learned Special Government Pleader that the compensation has also been determined and Award is also passed in Award No.12 of 2021 dated 13.08.2021. The Award which has been granted includes the subject property.

4. At this juncture, learned counsel for the petitioner would submit that being the case, respondents may disburse the amount due to the petitioner with regard to the above acquisition.

5. Learned Special Government Pleader for the respondents would submit 3/5

that endeavor would be made to disburse the amounts due as compensation to the petitioner as expeditiously as possible, which was agreed to by the learned counsel for the petitioner.

6. Recording the above, the writ petition stands disposed of. No costs. 04.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:

The Thasildar Kalavi Taluk Ranipet District.

MOHAMMED SHAFFIQ, J.

mrn 4/5

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