Madras High CourtWP/27985/2019disposed of

C.Rajendran v. The Principal Secretary To Government,

2019-09-20Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2019

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.27985 of 2019 and W.M.P.Nos.27592 & 27593 of 2019 C.Rajendran .. Petitioner /versus/ 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Government of Tamilnadu, St.George Fort, 2.Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annex-6th Floor, Chepauk, Chennai-600 005.

3.The Principal Water Inspector, Tamilnadu Drinking Water Drainage Board, No.31, Kamarajar Road, Cheppakkam, Chennai-600 005.

4.Tamilnadu Urban Infrastructure Service, 19, T.P. Scheme Road, Raja Street Extension, Raja Annamalaipuram, 5.Principal Secretary to the Minister of Rural Development and Special Project Implementory 6.Principal Secretary and Assistant to the Minister of Revenue and Disaster Management, Secretariat, Chennai-600 009.

7.Principal Secretary to the Minister of Municipal Administration and Drinking Water Supply, Secretariat, Chennai-600 009.

8.The Senior Chief Secretary, Department of Municipal Administration and Drinking Water Supply, Secretariat, 9.The District Collector, Collectorate, Coimbatore-641 018.

10.The Commissioner, Coimbatore City Municipal Corporation, Town Hall, Coimbatore-641 001.

11.The District Revenue Officer, Collectorate Compound, Coimbatore-641 018.

12.The Tahsildar, North Taluk Office, Dr.Balasundaram Road, Coimbatore-641 018.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of Writ of Certiorarified Mandamus, to call for the records of the 1st respondent and quash the G.O.No.33 dated 20.02.2019 issued by the 1st respondent and direct the Respondents to implement the project in the alter native place direct the respondents to grant compensation in accordance with the Provisions of the Right of Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013). For Petitioner : M/s.Sarvabhauman Associates for S.Mukunth For Respondents : Mr.Vijay Narayanan Advocate General Asst. by Mr.V.Jayaprakash Narayanan Govt.Pleader for R1, R2, R4 to R9 Ms.Thamizharasi, St.c for R3 Mr.J.Sathya Narayana Prasad Standing counsel for R10 ---------

O R D E R

By consent, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner apprehending that the land owned by the petitioner is likely to be acquired for Athikadavu water project has given a representation to the authorities that his land must be spared or they should pay the compensation at the rate of Rs.2,50,000/- per cent.

3. Whereas, the learned Advocate General for the State would submit that the proposal is at nascent stage. Administrative sanction alone has been granted by the Government vide G.O.Ms.No.33 dated 20.02.2019 and the acquisition proceedings yet to be commenced. Once the acquisition proceedings starts the land required and the compensation components will be decided as per the Right of Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013.

4. Recording the same, this Writ Petition is disposed of as pre-mature. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rpl To 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Government of Tamilnadu, St.George Fort, 2.Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annex-6th Floor, Chepauk, Chennai-600 005.

3.The Principal Water Inspector, Tamilnadu Drinking Water Drainage Board, No.31, Kamarajar Road, Cheppakkam, Chennai-600 005.

4.Tamilnadu Urban Infrastructure Service, 19, T.P. Scheme Road, Raja Street Extension, Raja Annamalaipuram, Chennai-600 028.

5.Principal Secretary to the Minister of Rural Development and Special Project Implementory 6.Principal Secretary and Assistant to the Minister of Revenue and Disaster Management, Secretariat, Chennai-600 009.