M.Vaithialingam v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.08.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.31145 of 2025 1.M.Vaithialingam 2.Ganapathi 3.Ramamoorthy 4.Ramalingam 5.Kuppusamy 6.Ramalingam 7.Jaganathan 8.Kannan
...Petitioners
Versus
1.The Additional Chief Secretary, Government of Tamil Nadu, Public Works (Building, Highways and Minor Ports), Secretariat, Chennai - 600 009.
2.The District Collector, Villupuram District, Villupuram.
3.The Special District Revenue Officer, (Land Acquisition), State Highways, Villupuram.
4.The Special Tahsildar, 1/7
(Land Acquisition), State Highways Unit-1, Vazhudareddy, Villupuram.
5.Superintending Engineer (H) C & M Circle, Villupuram, Highway Department, Ellis Chatram Road, Vazhudhareddy, Kandamanady Post, Villupuram - 605 401.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 2 to 4 to dispose of the statutory representation of petitioners dated 10.06.2025 within a specified time as fixed by this Court. For Petitioners :
Mr.L.Karthiga For Respondents :
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 relief sought in this writ petition is to direct the respondents 2 to 4 to dispose of the petitioners' Representation dated 10.06.2025 within a time frame to be fixed by this Court.
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3. The learned counsel for the petitioners submitted that the petitioners are owners of the agricultural lands situated at Enathimangalam Village and Sirumathurai Village, Thiruvennainallur Taluk, Villupuram District. The details of the lands owned by the petitioners are as follows: S.No.
Name of the Petitioner Old Survey No.
New Survey No.
Extent of the land Patta No.
M.Vaithialingam 1/4C, 1/17A, 1/18A 1/4C2 1/17A2 03054 00297 00023 Sq.mt Ganapathi 2/7C 2/7C 00600 Sq.mt Ramamoorthy 2/7A, 2/7D 2/7A2, 2/7D2 00237, 01030 Sq.mt Ramalingam 4/2B, 4/5A, 4/5C 4/2B2, 4/5A2, 4/5C 00258, 00680, 00450 Sq.mt Kuppusamy 2/6B 2/6B2 00929 Sq.mt Ramalingam 2/7B, 2/7E 2/7B, 2/7E2 00600 00012 Sq.mt Jaganathan 2/6A 2/6A2 00800 Sq.mt Kannan 1/4A, 1/17A, 1/18A 1/4A2, 1/17A200297, 1/18A200023 00861 Sq.mt 3/7
3.1. It is further submitted by the learned counsel for the petitioners that the 3rd respondent had issued a Show Cause Notice dated 30.05.2025 bearing Na.Ka.No.A2/333/2025 under Section 15(2) of the Tamil Nadu State Highways Act, 2001 to the petitioners, calling upon the petitioner to show cause as to why the petitioners' land should not be acquired for the purpose of constructing the bridge on the Korai river. After the receipt of said Show Cause Notice, petitioners sent a Representation dated 10.06.2025 to the respondents 1 & 2 and thereafter, petitioners participated in the enquiry on 30.06.2025.
3.2. The learned counsel for the petitioners also submitted that without disposing of the petitioners' Representation dated 10.06.2025, the respondents are proceeding to evict the petitioners from their lands. Hence, the present writ petition.
4. The learned Special Government Pleader appearing for the respondents submitted that the respondents have proceeded to evict the petitioners from their lands only after issuing the Notice under Section 15(1) of the Tamil Nadu State Highways Act, 2001 to the petitioners. He 4/7
therefore submitted that appropriate direction may be issued to the petitioners to co-operate with the respondent officials, in case, survey is proposed to be conducted in the petitioners' lands.
5. As far as this case is concerned, this Court is of the opinion that there is merit in the submissions made by the learned Special Government Pleader appearing for the respondents. Hence, this Writ Petition is disposed of on the following terms:
(i) If the petitioners were already issued with a Notice under Section 15(1) of the Tamil Nadu State Highways Act 2001, it is open to the respondents to proceed in this matter, in accordance with law. (ii) The petitioners are directed to co-operate with the respondent officials, in case, survey is proposed to be conducted in the petitioners' lands. No costs.
01.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order To 1.The Additional Chief Secretary, 5/7
Government of Tamil Nadu, Public Works (Building, Highways and Minor Ports), Secretariat, Chennai - 600 009.
2.The District Collector, Villupuram District, Villupuram.
3.The Special District Revenue Officer, (Land Acquisition), State Highways, Villupuram.
4.The Special Tahsildar, (Land Acquisition), State Highways Unit-1, Vazhudareddy, Villupuram.
5.Superintending Engineer (H) C & M Circle, Villupuram, Highway Department, Ellis Chatram Road, Vazhudhareddy, Kandamanady Post, Villupuram - 605 401.
MOHAMMED SHAFFIQ, J.
mrr 6/7
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