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Madras High CourtWP/34012/2024disposed of

K.Marudhachalam v. The District Collector,

2025-03-24Honourable Mr Justice J.Sathya Narayana Prasad9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.34012 of 2024 1.K.Marudhachalam 2.Thulasimani 3.Rangasamy ... Petitioners Vs.

1.The District Collector, Coimbatore District, Coimbatore.

2.The Commissioner, Coimbatore Corporation, Coimbatore.

3.The Special District Revenue Officer (Land Acquisition), Coimbatore Airport Runway Expansion, Coimbatore District Collectorate, Coimbatore - 641 018.

4.Revenue Divisional Officer (South), Coimbatore.

5.Assistant Commissioner, Coimbatore East Zone, Coimbatore.

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6.Assistant Director Survey and Land Records, Coimbatore.

7.The Tahsildar, Coimbatore South Taluk, Coimbatore.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 13.03.2023 seeking to remove the name of the Coimbatore Corporation in the related TSLR marked as road and to include the petitioners names in the respective column of the TSLR for the above lands situated in Singanallur Village, T.S.Nos.9pt, 10pt, 11pt in Block No.1 and T.S.No.13 pt and 14 pt in Block No.2 as they are patta lands belongs to the petitioners, measuring an extent of 3252 sq.mt., For Petitioners : Mr.D.Raja For Respondents 1,3,4,6 & 7 : Mr.M.Rajendiran, Additional Government Pleader For Respondents 2 & 5 : Mr.D.R.Arun Kumar Standing Counsel

O R D E R

This writ petition has been filed by the petitioner to direct the respondents to consider the petitioner's representation dated 13.03.2023 Page No.2 of 9

seeking to remove the name of the Coimbatore Corporation in the related TSLR marked as road and to include the petitioners names in the respective column of the TSLR for the above lands situated in Singanallur Village, T.S.Nos.9pt, 10pt, 11pt in Block No.1 and T.S.No.13 pt and 14 pt in Block No.2 as they are patta lands belongs to the petitioners, measuring an extent of 3252 sq.mt.

2. The case of the petitioners is that they are the owners of land in Singanallur Village, Coimbatore, as per their ancestral documents. A portion of their land, totaling 5.01 acres, had been leased to the Coimbatore Airport Authorities since the pre-independence period, with lease payments received until 2015. The Tamil Nadu government acquired land for the extension of the Coimbatore Airport runway in toe phases, including 5.00 acres from the petitioner's land. However, they received compensation for only 4.38 acres, realizing later that a portion of their land was omitted. Upon inquiry, the petitioners were informed that part of their land had been marked as a 'road' in official records, though it was exclusively used by the Airport Authorities and not the public. They were disappointed and raised the issue during a Grievance Day meeting on 11.09.2023, leading to an inquiry by the Page No.3 of 9

Commissioner of Coimbatore Corporation, but no response has been received. Further investigation with the Assistant Director of Survey and Land Records revealed that 3,252 sq.m. of their Land was wrongly entered in the name of Coimbatore Corporation, with 2,681 sq.m. omitted from acquisition due to this error. Hence, the petitioners have sent a representation dated 13.03.2023, seeking correction of land records and proper compensation, but no orders have been passed. Hence, the petitioners have come forward with the present writ petition.

3. Though many grounds have been raised in this writ petition, learned counsel for the petitioners would submit that it would suffice if this Court issues direction to the respondents to consider the petitioners' representation dated 13.03.2023, within a time frame to be fixed by this Court.

4. Learned standing counsel appearing for the respondents 2 & 5 has filed a counter affidavit dated 19.03.2025 and submitted that the Coimbatore Corporation is willing to consider the petitioners' request on receipt of fresh representation along with relevant documents and will pass orders in Page No.4 of 9

accordance with the law.

5. Learned Additional Government Pleader appearing for the respondents 1, 3, 4, 6 & 7 has filed a counter affidavit dated 09.12.2024 and submitted that out of 13977 sq.mt of acquisition lan, an extent of 12637 sq.mt lands belong to petitioners' lands and their names are reflected in TSLR and as such the above said compensation amount paid to the petitioners. For remaining extent of 1340 sq.mt lands are marked as Corporation Road in the TSLR. Hence, compensation amount was not paid to the land owners in respect of the road portion.

6. Heard the learned counsel on either side and perused the materials available on record.

7. Considering the submission made by the learned counsel on either side, this Court without going into the merits of the case issues following directions:

(i) The petitioners are directed to give a fresh representation along with Page No.5 of 9

all relevant documents including sale deed and patta to the second respondent, within a period of two weeks from the date of receipt of a copy of this order.

(ii) On receipt of such representation, the second respondent is directed to consider the same, after giving due notice to the petitioners, affording an opportunity of personal hearing, considering the documents filed by them on merits, in accordance with law and pass appropriate orders within a period of eight weeks thereof.

8. This writ petition is disposed of with the aforesaid observation and direction. No costs.

24.03.2025 (vm) Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.The District Collector, Coimbatore District, Page No.6 of 9

Coimbatore.

2.The Commissioner, Coimbatore Corporation, Coimbatore.

3.The Special District Revenue Officer (Land Acquisition), Coimbatore Airport Runway Expansion, Coimbatore District Collectorate, Coimbatore - 641 018.

4.Revenue Divisional Officer (South), Coimbatore.

5.Assistant Commissioner, Coimbatore East Zone, Coimbatore.

6.Assistant Director Survey and Land Records, Coimbatore.

7.The Tahsildar, Coimbatore South Taluk, Coimbatore.

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J.SATHYA NARAYANA PRASAD,J.

vm Page No.8 of 9

24.03.2025 Page No.9 of 9