G.Padmavathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.18412 of 2017 G.Padmavathi ... Petitioner Vs.

1.The District Collector Coimbatore District Coimbatore.

2.The Tahsildar, Mettupalayam Taluk, Mettupalayam, Coimbatore District.

3.The Special Thasildar cum Land Acquisition Officer Adi Dravidar and Tribal Welfare Collector Office, Coimbatore.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from entering into the petitioner land Comprised in S.F.No.859/1 and 2, Thekkampatty Village, Mettupalayam Taluk, Coimbatore, to an extent of Acre 8.25 Cents or damaging the said property, except under due process of law.

For Petitioner : Mr.P.Anandakumar For Respondents : Mr.Abishek Murthy Government Advocate

O R D E R

The relief sought for in the present writ petition is to forbear the respondents from entering into the petitioner's land comprised S.F.No.859/1 and 2, Thekkampatty Village, Mettupalayam Taluk, Coimbatore to an extent of Acre 8.25 Cents or damaging the said property, except under due process of law.

2. Even in case of acquisition proceedings, the prayer as such sought for cannot be granted. The property right conferred under Article 300(A) of the Indian Constitution is subject to authority of law and in the present case, the learned counsel for the petitioner states that acquisitions proceedings are initiated.

3. That being the factum, the relief as such sought for is not maintainable and the petitioner is at liberty to pursue the remedy under the

provisions of the Land Acquisition Act and by following the procedures as contemplated.

4. With these observations, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 14.03.2023 (2/2) Jeni Index : Yes Speaking order To 1.The District Collector Coimbatore District Coimbatore.

2.The Tahsildar, Mettupalayam Taluk, Mettupalayam, Coimbatore District.

3.The Special Thasildar cum Land Acquisition Officer Adi Dravidar and Tribal Welfare Collector Office, Coimbatore.

S.M.SUBRAMANIAM, J.

Jeni 14.03.2023 (2/2)