Mrs.N.Srimathi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.36148 of 2024 1.Mrs.N.Srimathi 2.Dr.N. Vasudave 3.N.Ramalingam ... Petitioners Vs.

1.The Secretary to Government, Department Of Highways And Minor Ports, Government Of Tamil Nadu, Secretariat, Fort St. George, Chennai-09.

2.The Special Thasildar, (Land Acquisition) East Coast Road Project, Department Of Highways And Minor Ports, Hrs Campus, No.76, Sardar Patel Road, Opp. to Raj Bhavan, Guindy, Chennai -25.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st and 2nd Respondent to consider the petitioners representation dated 15.07.2024 and direct the Respondents to furnish the copy of the Award and notices issued pertaining to acquisition of the petitioners' property comprised in New. 1/5

S.No.15/244 (Old R.S.No. 15/2A (part) ) at No. 146, Injambakkam Village, Sholinganallur Circle, Chennai District within a time frame to be fixed by this Honble Court.

For Petitioner : M/s.G.Adithyaraj For Respondents : M/s.A.Selvendran, Special GP, for R.1 and R2.

O R D E R

The request of the petitioners in this writ petition is that they be furnished a copy of the award and notices pertaining to the acquisition of their property comprised in New Survey No.15/244, Old R.S.No.15/2A (part) at No. 146, Injambakkam Village, Sholinganallur Circle, Chennai District, measuring an extent of 40.50 ares.

2. The petitioners would submit that they were never aware about any acquisition proceedings and it was only when employees of the Tamil Nadu Highways Department had attempted to interfere with their possession in the month of October 2023 that they had come to learn about the alleged acquisition. Despite the several representations that had been sent by the petitioners, respondents 1 and 2 have not furnished a copy of the award and notices pertaining to the acquisition of their property. Therefore, the petitioner is before this Court. 2/5

3. Heard the counsels on either side.

4. Mr. Selvendran, the learned Special Government Pleader appearing for the respondents 1 and 2 would fairly concede that the documents have to necessarily be issued to the parties and that the said documents would be issued.

5. In view of the above, the Writ Petition is allowed and a mandamus is issued to respondents 1 and 2, to furnish a copy of the award and notices, pertaining to the acquisition of the petitioners' property comprised in New Survey No.15/244, Old R.S.No.15/2A (part) at No.146, Injambakkam Village, Sholinganallur Circle, Chennai, to the petitioners, within a period of 4 weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. 14.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 3/5

1.The Secretary to Government, Department Of Highways And Minor Ports, Government Of Tamil Nadu, Secretariat, Fort St. George, Chennai-09.

2.The Special Thasildar, (Land Acquisition) East Coast Road Project, Department Of Highways And Minor Ports, Hrs Campus, No.76, Sardar Patel Road, Opp. to Raj Bhavan, Guindy, Chennai -25.

P.T. ASHA . J., 4/5

(shr) and W.M.P.Nos.36148 of 2024 14.11.2024 5/5