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Madras High CourtWP/32074/2023disposed of

Gopal v. The District Collector

2023-11-09Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.Nos.31656 & 31657 of 2023

1. Gopal

2. Parimaladevi ... Petitioners Vs.

1. The District Collector, O/o The District Collector, Tirupur District.

2. The Land Acquisition Officer cum The District Revenue Officer, O/o The District Revenue Office, Collectorate Complex, Tirupur.

3. The Divisional Engineer, Palladam,

4. The Assistant Engineer, Palladam,

5. The Assistant Divisional Engineer, Palladam,

6. The Tahsildar, (Tiruppur South) Tiruppur South Taluk Office, Sevanthapalayam, Tiruppur 641 606.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to demarcate the 252 square meters out of the entire extent of 1.23 acres land in S.No.137/2A1A in Nallur Village, Tiruppur District, which has been acquired by the respondents under Tamilnadu Highways Act, 2001. For Petitioners : Mr.J.Prithivi For Respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents to demarcate 252 square meters out of entire extent of 1.23 acres land in S.No.137/2A1A in Nallur Village, Tiruppur District, which has been acquired by the respondents under Tamilnadu Highways Act, 2001.

2. Learned counsel appearing for the petitioners submitted that in spite of their representation dated 30.10.2023 to demarcate the land in S.No.137/2A1A in Nallur Village, Tiruppur District, the respondents have not considered the same yet. Hence, he prays that the respondents may be directed to consider their representation with regard to demarcation of land.

3. Mr.P.Gurunathan, Additional Government Pleader who takes notice for the respondents submitted that the petitioner's representation would be considered within the time as may be fixed by this Court.

4. In view of the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioners' representation dated 30.10.2023 and demarcate the land in accordance with law, after giving notice to all the interested parties/rival claimants if any, within a period of two months from the date of receipt of a copy of this order.

5. With the abovesaid direction, the Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. Consequently, connected miscellaneous petition in W.P.No.31657 of 2023 is closed. W.M.P.No.31656 is ordered on payment of separate Court fee by each of the petitioners.

09.11.2023 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The District Collector, O/o The District Collector, Tirupur District.

2. The Land Acquisition Officer cum The District Revenue Officer, O/o The District Revenue Office, Collectorate Complex, Tirupur.

3. The Divisional Engineer, Tiruppur (South), Palladam,

4. The Assistant Engineer, Tiruppur (South), Palladam,

5. The Assistant Divisional Engineer, Palladam, Tiruppur 641 664.

6. The Tahsildar, (Tiruppur South) Tiruppur South Taluk Office, Sevanthapalayam, Tiruppur 641 606.

P.VELMURUGAN, J.

mfa and W.M.P.Nos.31656 & 31657 of 2023 09.11.2023