Ganasekaran.R v. The Government Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.2244 of 2021 and W.P.(MD)No.1866 of 2021 R.Ganasekaran

...Petitioner

/Vs./ 1.The Government of India, Rep. by its Secretary, Ministry of Road Transport and Highways, Transport Bhavan, No.1, Parliamentary Street, New Delhi -110 001.

2.The National Highways Authority of India, Rep. by its Chairman, G-5 and 6, Sector 10, Dwarka New Delhi -110 075.

3.The Government of Tamil Nadu, Rep. by its Principal Secretary, Department of Highways and Minor Port, Secretariat, Chennai -9.

4.The District Collector, Dindigul, Dindigul District.

1/6

5.The Competent Authority And Special District Revenue Officer (Land Acquisition - National Highways), D.No. 567 APJ Abdulkalam Street, Chennamanaickanpatti, Dindigul.

6.The Regional Officer, National Highways Authority of India, Madurai.

7.The Project Director, National Highways Authority of India, Dindigul.

8.The Superintending Engineer, Angunagar SS Complex, M.N.Patty, Dindigul -624 002.

9.The Executive Engineer, Angunagar SS Complex, M.N.Patty, Dindigul -624 002.

10.The Assistant Executive Engineer, Kv SS Complex, Dharapuram Road, TNEB, Oddanchatram, Dindigul -624 619.

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to not to enter the lands in S.No.618/1B and 642/3 at Palakanuthu Village, at Dindigul District, without due process of law.

2/6

For Petitioner : Mr.VR.Shanmuganathan for Mr.AL.Kannan For Respondents : Mr.Aayiram K.Selvakumar (R1 & R2) Mr.B.Saravanan (R3 to R7 & R9) Additional Government Pleader Mr.S.Deenadhayalan (R8 & R10)

ORDER

This writ petition has been filed for issuance of writ of mandamus, directing the respondents not to enter into the subject property without following due process of law.

2. When the matter was taken up for hearing, it was brought to the notice of this Court that the properties were already acquired and the writ petitions challenging the same were also dismissed. Presently, the matter is pending before the District Collector, Dindigul for determination of compensation. The letter issued to the petitioner by the District Collector, Dindigul, dated 28.08.2023 was also placed before this Court.

3. In view of the above, it is left open to the petitioner to work out his remedy before the District Collector, Dindigul for payment of compensation and 3/6

proceed further in accordance with law. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

11.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 4/6

TO:- 1.The Principal Secretary, Department of Highways and Minor Port, Secretariat, Chennai -9.

2.The District Collector, Dindigul, Dindigul District.

3.The Competent Authority And Special District Revenue Officer (Land Acquisition - National Highways), D.No. 567 APJ Abdulkalam Street, Chennamanaickanpatti, Dindigul.

4.The Regional Officer, National Highways Authority of India, Madurai. 5.The Project Director, National Highways Authority of India, Dindigul. 6.The Executive Engineer, Angunagar SS Complex, M.N.Patty, Dindigul -624 002.

5/6

N.ANAND VENKATESH, J.

sm Order made in W.P.(MD)No.2244 of 2021 Dated:

11.10.2023 6/6