Madras High CourtWP/426/2024disposed of

A.Anbarasi v. The District Collector

2024-01-10Honourable Mr Justice P. Velmurugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.Anbarasi ... Petitioner versus 1.The District Collector, Salem District, Office of the Collectorate, Salem - 636 001.

2.The Land Acquisition Officer and Special District Revenue Officer, Land Acquisition and Management, Salem Collectorate, Salem - 636 001.

3.The Director, Tamil Nadu Road Sector Project, No.171, South Kesava Perumalpuram, Greenways Road, R.A.Puram, Chennai - 600 028.

4.The Superintending Engineer (H), Highways Department Projects circle, Near North Kovai Fly over, Mettupalayam Road, Coimbatore - 43.

5.The Divisional Engineer, Pg.Nos.1/7

Salem Division, State Highways Department, Panjanathan Street, 8th Cross, Kupta Nagar, Angammal Colony, Salem - 636 009.

6.The Project Director, II Floor, 'SIDCO Garment Complex', Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.

7.The Revenue Divisional Officer, O/o.The Sub-Collector, Mettur Dam (P.O.) Salem District - 636 401.

8.The Executive Officer, Jalakandapuram Town Panchayat Office, Jalakandapuram (P.O.), Salem District - 636 501.

9.The Commissioner, Land Administration, O/o.The Land Administration, Chepauk, Chennai - 600 005.

10.The Divisional Engineer (Highways) (O&M), O/o.The Divisional Engr.(Highways) (O&M), Edappadi (P.O.) Salem District - 637 101.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents to enter upon the land belonging to the petitioner comprised in Survey No.182/2B bearing Patta No.2082 in Surapalli Village, Mettur Taluk, Salem District, as well as Pg.Nos.2/7

issue direction to consider the objections filed by the petitioner's husband dated 13.07.2023 without proceeding with Tender Notice No.09/2020/2021/Mu.Va.A/ dated 27.01.2021 issued in 'online' by the fourth respondent contrary to the scope of Sections 15(1), 15(3) and 16 of the Tamil Nad Highways Act, 2001 and in violation of Article 300-A of the constitution of India.

For Petitioner :

Dr.A.Thiyagarajan Senior counsel for Mr.S.Ramesh Kumar For Respondents :

Mr.R.U.Dinesh Rajkumar Additional Government Pleader for R1 to R7, R9 and R10 Dr.S.Suriya Additional Government Pleader for R8

O R D E R

Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader accepts notice for respondents 1 to 7, 9 and 10 and Dr.S.Suriya, learned Additional Government Pleader accepts notice for the 8th respondent. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus, forbearing the respondents to Pg.Nos.3/7

enter into the petitioner's land in Survey No.182/2B, bearing Patta No.2082 situated in Surapalli Village, Mettur Taluk, Salem District and consequently direct the respondents to consider the objections filed by the petitioner's husband dated 13.07.2023, without proceeding with Tender Notice dated 27.01.2021 bearing reference No.09/2020/2021/Mu.Va.A, issued vide 'online' by the fourth respondent, which is contrary to the scope of Sections 15(1), 15(3) and 16 of the Tamil Nadu Highways Act, 2001 and in violation of Article 300-A of the constitution of India.

3. Heard both sides and perused the materials available on record.

4. Since this writ petition is only seeking for a Writ of Mandamus directing the respondents to consider the objections filed by the petitioner's husband dated 13.07.2023, this Court without expressing any view or opinion with regard to the merits of the case, directs the fourth respondent to consider the objections filed by the petitioner's husband dated 13.07.2023 on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

Pg.Nos.4/7

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

10.01.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Salem District, Office of the Collectorate, Salem - 636 001.

2.The Land Acquisition Officer and Special District Revenue Officer, Land Acquisition and Management, Salem Collectorate, Salem - 636 001.

3.The Director, Tamil Nadu Road Sector Project, No.171, South Kesava Perumalpuram, Greenways Road, R.A.Puram, Chennai - 600 028. 4.The Superintending Engineer (H), Highways Department Projects circle, Near North Kovai Fly over, Mettupalayam Road, Coimbatore - 43.

Pg.Nos.5/7

5.The Divisional Engineer, Salem Division, State Highways Department, Panjanathan Street, 8th Cross, Kupta Nagar, Angammal Colony, Salem - 636 009.

6.The Project Director, II Floor, 'SIDCO Garment Complex', Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.

7.The Revenue Divisional Officer, O/o.The Sub-Collector, Mettur Dam (P.O.) Salem District - 636 401.

8.The Executive Officer, Jalakandapuram Town Panchayat Office, Jalakandapuram (P.O.), Salem District - 636 501.

9.The Commissioner, Land Administration, O/o.The Land Administration, Chepauk, Chennai - 600 005.

10.The Divisional Engineer (Highways) (O&M), O/o.The Divisional Engr.(Highways) (O&M), Edappadi (P.O.) Salem District - 637 101.

Pg.Nos.6/7

P.VELMURUGAN, J.

ms 10.01.2024 Pg.Nos.7/7