S.Antony Raj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 33865 of 2019 and W.M.P. No. 34387 of 2019 S. Antony Raj ... Petitioner Vs.

1. The District Collector Collector Office Thiruvallur and Thiruvallur District.

2. District Revenue Officer The Collector Office Thiruvallur and District.

3. The Revenue Divisional Officer Thiruvallur RDO Office

4. The Land Acquisition Officer ROB Scheme, Highways Department

5. The Tahsildar Thaildar Office Thirvallur Taluk ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, forbearing the Respondents from constructing ROB (Railway Over Bridge) at Puttlur covering the Petitioner's land situated in S.No. 154/2A in Tiruvellur TK & District, without payment of compensation to the Petitioner. For Petitioner :

Mr. M. Mathiyalagan For Respondents:

Mr. M. Elumalai Government Advocate 1/3

O R D E R

Mr. M. Elumalai, Learned Government Advocate, who takes notice for the Respondents, submits that if the land claimed to be owned by the Petitioner is decided to be acquired and the Petitioner produces documents in proof of his ownership of the same, the claim for compensation for such land acquisition would be considered in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The said statement made is placed on record.

2.

In view of the same, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition and he has made an endorsement to that effect, which is recorded. 3.

Accordingly, the Writ Petition is dismissed as withdrawn. It is needless to add here that if the land of the Petitioner is acquired and he proves his ownership to the same it would be open to him to work out his remedy for claiming compensation in the manner recognized by law. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The District Collector Collector Office Thiruvallur and Thiruvallur District.

2. District Revenue Officer The Collector Office Thiruvallur and District.

3. The Revenue Divisional Officer Thiruvallur RDO Office 2/3

4. The Land Acquisition Officer ROB Scheme, Highways Department

5. The Tahsildar Thaildar Office Thirvallur Taluk +1cc to Mr. M. Mathiyalagan, Advocate sr.101082 +1cc to Government Pleader SR.NO. 101645 W.P. No. 33865 of 2019 bs(co) nr 20/12/2019 3/3