R.Madhavan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN R.Madhavan ... Petitioner Vs.
1. The District Collector Office of Collector, Chengalpet, Chengalpet District
2. The District Revenue Officer Office of DRO, Chengalpet Chengalpet District
3. The Special Deputy Collector (Land Acquisition) IT Expressway Scheme Tambaram - 600 045 Chengalpet District
4. The Revenue Divisional Officer Office of the RDO Tambaram - 600 045 Chengalpet District
5. The Special Tahsildar (Land Acquisition) IT Expressway Scheme Tahsildar Office Tambaram - 600 045 Chengalpet District ... Respondents 1/6
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 5th respondent to comply with the objections raised by the Registry of the Principal Sub Court, Chengalpet, in the LAOP filed by the 5th respondent in relation to the land acquired in Survey No. 307/7b to the extent of 117 sq.mtrs under the Tamil Nadu Highways Act, 2001 vide Award No.03/2017 dated 10.02.2017 within a time frame as may be fixed by this Court.
For Petitioner : Mr.P.Senthil Kumar For Respondents : Mr.R.Ramanlaal Additional Advocate General assisted by Mr.R.U.Dinesh Rajkumar Additional Government Pleader
ORDER
This Writ Petition is filed seeking a Writ of Mandamus directing the 5th respondent to comply with the objections raised by the Registry of the Principal Sub Court, Chengalpet, in the LAOP filed by the 5th respondent in relation to the land acquired in Survey No. 307/7b to the extent of 117 sq.mtrs under the Tamil Nadu Highways Act, 2001 vide Award No.03/2017 dated 10.02.2017 within a time frame as may be fixed by this Court.
2. When the matter came up before this Court on 15.11.2023, at the request of the learned Special Government Pleader, the matter was adjourned to 13.12.2023 for filing counter affidavit. Thereafter, when the matter came 2/6
up on 13.12.2023, no counter affidavit was filed and the learned Additional Government Pleader sought further time to file counter affidavit. Hence, the matter was adjourned to 05.01.2024 on payment of cost and Registry was directed not to entertain any counter affidavit unless the said cost is paid by the respondents.
3. Today (05.01.2024), when the matter is taken up for hearing, neither counter affidavit was filed nor the cost was paid. The Mr.R.Ramanlaal, Additional Advocate General assisted by Mr.R.U.Dinesh Rajkumar Additional Government Pleader, appearing for the respondents submitted that in respect of payment of cost, an appeal is filed before this Court in W.A.No.62 of 2024 and since the payment of cost has not been paid, Registry is not receiving the counter affidavit, which is ready to file.
4. It is seen that the said appeal filed by the respondents is only with regard to the payment of cost alone and no stay is granted in the appeal.
5. Therefore, taking into consideration that the Writ Petition is filed only for simple Writ of Mandamus to direct the 5th respondent to comply with the objections raised by the Registry of the Principal Sub Court, 3/6
Chengalpet, in the LAOP filed by the 5th respondent in relation to the subject land acquired under the Tamil Nadu Highways Act, 2001 vide Award No.03/2017 dated 10.02.2017, this Writ Petition is allowed as prayed for. No costs.
05.01.2024 ksa-2 Index : Yes / No 4/6
To
1. The District Collector Office of Collector, Chengalpet, Chengalpet District
2. The District Revenue Officer Office of DRO Chengalpet Chengalpet District
3. The Special Deputy Collector (Land Acquisition) IT Expressway Scheme Tambaram - 600 045 Chengalpet District
4. The Revenue Divisional Officer Office of the RDO Tambaram - 600 045 Chengalpet District
5. The Special Tahsildar (Land Acquisition) IT Expressway Scheme Tahsildar Office Tambaram - 600 045 Chengalpet District 5/6
P.VELMURUGAN. J.
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