E.N.Rathinavelu v. The District Revenue Officer (Land Acquisition)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.26318 of 2024 E.N.Rathinavelu ... Petitioner vs.

1.The District Revenue Officer (Land Acquisition) Highways Department Guindy Chennai - 600 025 2.The Divisional Engineer Highways Department Guindy Chennai - 600 025 3.The Assistant Divisional Engineer Highways Department Guindy Chennai - 600 025 4.The Assistant Engineer Highways Department Guindy Chennai - 600 025 5.The Tahsildar Sholinganallur Taluk Chennai District ... Respondents 1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the Respondents 1 to 4 from demolishing the Compound Wall and take possession of the land measuring about 10 feet in width and running to a length of 120 feet abutting ECR Road belonging to A/M.Pedarial Ponni Amman Koil, situated in S.No.162, Injambakkam Village, Chennai.

For Petitioner : Mr.S.Udhaya Kumar For Respondents : Mr.S.J.Sathik Mohamed Government Advocate

O R D E R

The petitioner herein seeks writ of Mandamus, forbearing the respondents 1 to 4 from demolishing the compound wall of the petitioner and take possession of petitioner's land situated in S.No.162 in Injambakkam Village, Chennai.

2. It is the case of the petitioner that the land situated in S.No.162, Injambakkam Village, Chennai, belonged to A/M. Pedarial Ponni Amman Koil and Temple has been in existence for the past 200 years for the benefit of 13 families. The petitioner's father one Natesan Mudaliar was managing the temple and he died on 23.01.2019. After his death, the petitioner has been maintaining the temple. The respondents in the guise of extending the 2/5

East-Coast Road attempted to demolish the compound wall of the petitioner-temple situated in S.No.162. Therefore, the petitioner has come up with this writ petition.

3. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents, on written instructions from the 3rd respondent in his Letter No.128/ADE/ECR Work/Dated 18.10.2024, would submit that the petitioner's land situated in S.No.162 has not been acquired by the respondents and respondents will not interfere with the rights of the petitioner, if any, in S.No.162.

4. The said statement made by the learned Government Advocate is recorded and the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 19.10.2024 Index : Yes/No Speaking order:Yes/No dm 3/5

To 1.The District Revenue Officer (Land Acquisition) Highways Department Guindy Chennai - 600 025 2.The Divisional Engineer Highways Department Guindy Chennai - 600 025 3.The Assistant Divisional Engineer Highways Department Guindy Chennai - 600 025 4.The Assistant Engineer Highways Department Guindy Chennai - 600 025 5.The Tahsildar Sholinganallur Taluk Chennai District 4/5

S.SOUNTHAR, J.

dm 19.10.2024 5/5