B.Shenbagam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)No.2305 of 2025 B.Shenbagam .... Petitioner /Vs./ 1.The District Collector, Madurai District, Madurai.
2.The Special District Revenue Officer, and Acquisition, Highways, Office of the District Collector, Madurai District, Madurai-625 020.
3.The Revenue Divisional Officer, Melur Division, At Vellalaripattai, Madurai District.
4.The Tahsildar, Madurai South, Madurai-625 020.
... Respondents 1/5
P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 23.12.2024 and to make correction in the 15(2) Notice before causing publication of the Statutory Notification under Section 15(1) of the Tamil Nadu Highways Act, 2001 with regard to S.Nos.37/20 (Plot No.40 & 31) S.No.37/18 (Plot No.32) and S.No. 37/19 (Plot No.39) with reference to location on ground and that in 15(2) Notice, it has been stated that the lands in S.Nos.17/B, 37/18B, 37/19B and 37/20 are under acquisition, whereas on ground the lands covered only in S.No.37/17 was shown as land under acquisition in the light of the instructions given to the subordinate respondents by the first respondent, the Land Acquisition Officer during the statutory enquiry under Section 15(2) of the Act on 29.12.2024 within the specific time frame as fixed by this Court.
For Petitioner : Mr.W.Pamelin For Respondents : Mr.C.Satheesh Government Advocate
ORDER
The petitioner seeks issuance of writ of mandamus to direct the respondents to consider the petitioner's representation, dated 23.12.2024.
2/5
2. I have heard the learned counsel appearing for the petitioner and Mr.C.Satheesh, learned Government Advocate appearing for the respondents.
3. Considering the limited scope of the prayer sought for in the writ petition, with the consent of the parties, the writ petition itself is taken up for final disposal.
4. The petitioner has approached the respondents seeking correction in the Section 15(2) Notice before causing publication of the Statutory Notification under Section 15(1) of the Tamil Nadu Highways Act, 2001, pointing out certain factual errors with regard to the survey numbers as well as the location on ground. The said application is pending with the second respondent, who is the competent authority.
5. Without going into the merits of the contentions of the petitioner, the second respondent is directed to dispose of the petitioner's representation, dated 23.12.2024 within a period of eight weeks from the date of receipt of a copy of this order.
3/5
6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. Index : Yes / No NCC : Yes / No 12.02.2025 am To 1.The District Collector, Madurai District, Madurai.
2.The Special District Revenue Officer, and Acquisition, Highways, Office of the District Collector, Madurai District, Madurai-625 020.
3.The Revenue Divisional Officer, Melur Division, At Vellalaripattai, Madurai District.
4.The Tahsildar, Madurai South, Madurai-625 020.
4/5
P.B. BALAJI , J.
am Order made in Dated:
12.02.2025 5/5