M.Marimuthu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22320 of 2024 and W.M.P.Nos.24303 and 24304 of 2024 M.Marimuthu
...Petitioner
Vs.
1.The District Collector Namakkal District District Collectorate Namakkal.
2.The Chief Engineer NABARD and Rural Roads Integrated Chief Engineer's Office, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai-25.
3. The Chief Engineer's Chennai-Kanyakumari Industrial Corridor Project, CKICP Complex, HRS campus, 76, Sardar Patel Road, Guindy, Chennai-25.
4.The Special District Revenue Officer (L.A) Tamil Nadu Road Development Project-II 2nd Floor, SIDCO Garment Complex, Nagireddi Thottam, Guindy, Chennai-32 1/6
5.The Special Tahsildar(L.A) Chennai-Kanyakumari Development Project, Tiruchengode, Namakkal district 6.The Divisional Engineer Nabard and Rural roads Opp. To Government Depot Ashtampatty, Salem.
7. The Assistant Divisional Engineer's Highways Department, Nabard and Rural roads, Tiruchengode.
8. The Revenue Divisional Officer Tiruchengode Division, Velur road, Tiruchengode.
9. The Tahsildar, Tiruchengode Taluk, Taluk Office, Tiruchengode.
Namakkal District.
10. The Village Administrative Officer, Andipalayam Village, Tiruchengode Taluk, Namakkal District.
..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the acquisition proceedings dated 08.12.2023 issued by the 4th respondent in Roc.No.R2/1076/2023 published in Tamil and English daily newspapers namely Dhinakaran and Indian Express on 23.12.2023 and quash the same with respect to the petitioners land measuring an extent of 0.02.17 2/6
Hectare comprised in Survey No.15/1A2B of Andipalayam Village, Tiruchengode Taluk, Namakkal District and further to direct the respondents 3 to 7 to shift the round tana 15m away neither on the northern side nor on the eastern side from the proposed construction in petitioner's land or any other suitable land which may be identified for the said purpose by considering the representation dated 24.06.2024.
For Petitioner : Mr.T.L.Thirumalaisamy For Respondents : Mr.P.Sathish Additional Government Pleader
O R D E R
This writ petition is filed challenging the 15(2) notice issued under Tamil Nadu Highways Act for acquiring the lands of the petitioner for Tiruchengode Bypass Project.
2. According to the petitioner, the proposed roundtana in bypass road would affect the dewelling house of the petitioner and therefore, he made an objection to the 15(2) notice by submitting his representation dated 24.06.2024 and the same has not been considered till date.
3. Mr.P.Sathish, learned Additional Government Pleader takes notice for all the respondents submitted that the objection of the petitioner will be considered in accordance with law.
3/6
4. In view of the assertion made by the petitioner that proposed roundtana would cause inconvenience to his house and availability of vacant land in the nearby plot, the 5th respondent is directed to consider the objection of the petitioner dated 24.06.2024 sympathetically and pass necessary orders on merits within a period of four weeks from the date of receipt of a copy of this order.
5. With the above directions, this writ petition is disposed of. Consequently, the connected miscellaneous petitions are closed. No costs. 07.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To 1.The District Collector Namakkal District District Collectorate Namakkal.
4/6
2.The Chief Engineer NABARD and Rural Roads Integrated Chief Engineer's Office, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai-25.
3. The Chief Engineer's Chennai-Kanyakumari Industrial Corridor Project, CKICP Complex, HRS campus, 76, Sardar Patel Road, Guindy, Chennai-25.
4.The Special District Revenue Officer (L.A) Tamil Nadu Road Development Project-II 2nd Floor, SIDCO Garment Complex, Nagireddi Thottam, Guindy, Chennai-32 5.The Special Tahsildar(L.A) Chennai-Kanyakumari Development Project, Tiruchengode, Namakkal district 6.The Divisional Engineer Nabard and Rural roads Opp. To Government Depot Ashtampatty, Salem.
7. The Assistant Divisional Engineer's Highways Department, Nabard and Rural roads, Tiruchengode.
8. The Revenue Divisional Officer Tiruchengode Division, Velur road, Tiruchengode.
5/6
S.SOUNTHAR , J.
nr
9. The Tahsildar, Tiruchengode Taluk, Taluk Office, Tiruchengode.
Namakkal District.
10. The Village Administrative Officer, Andipalayam Village, Tiruchengode Taluk, Namakkal District.
W.P No.22320 of 2024 and W.M.P.Nos.24303 and 24304 of 2024 07.08.2024 6/6