Paramasivam, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4771 of 2018 and W.M.P.(MD)No.4785 of 2018
1. Paramasivam
2. Ganapathy
3. Velammal
4. Andi
5. Palanikumar
6. Seenivasan
7. Murugavel
8. Danasekar
9. Arumugam 10.Thanga Muneeswaran 11.Soundira Pandian 12.Rathina Pandian 13.Paramasivam 14.Murugamalai 15.Kalimuthu 16.Pandi 17.Saroja 18.Amutha 19.Palpandi 20.Veeru Chinnammal 21.Balamurugan 22.Pandiarajan 23.Nagaraj ... Petitioners Vs.
1. The District Collector,
2. The Competent Authority & Special District Revenue Officer (Land Acquisition), National Highways 45E & 220, Theni.
3. The Revenue Divisional Officer, Periyakulam, Theni District.
4. The Special Tahsildar (Land Acquisition) National Highways 45E & 220 Theni.
5. The Tahsildar, Taluk Office, Periyakulam, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents herein, their men, agents or any one claiming under them from in any manner disturbing the living condition of petitioners in Plot Nos. 1 to 25 in Mela Endapuli Village, Periyakulam Taluk, Theni District, till alternative place with suitable living condition is assigned to the displaced petitioners in accordance with law and consequently direct the respondents herein to allot 25 cents of vacant land in S.No.370/2 along with 35 cents already ear marked for allotment as house site with proper survey, measurement and fixing boundaries, for displaced petitioners.
For Petitioners : Mr.Prabu Rajadurai for Mr.K.Appadurai For Respondents : Mr.M.Rajarajan, Government Advocate
ORDER
The writ petitioners are 23 in number. According to them they have been living in Survey No.370/2, Mela Endapuli Village, Periyakulam Taluk, Theni District. They are now sought to be displaced for laying highway. Therefore, they want assignment of alternative sites. This Court restrained the respondent from displacing the petitioners till alternative site was allotted. 2.When the matter was taken up for hearing, the respondent officials filed a detailed statement. It is seen therefrom that except petitioners 8,10,12,21,22 and 23, the other petitioners were given due compensation. They had also been given alternative sites. Therefore, the grievances expressed by the other petitioners have thus been totally redressed.
3.The specific stand of the respondents is that petitioners 8,10 and 12 are not even living in S.No.370/2. The learned counsel appearing for the petitioner is unable to rebut this statement made by the learned counsel for the respondents. It is true that petitioners 21, 22 and 23 are residing in S.No.370/2, but they are not having any assignment patta in their favour. It is stated that the land in their occupation is not even touched at the present. 4.At this stage, the learned counsel appearing for the petitioner would submit that the petitioners herein have earlier filed W.P.(MD)No.9688 of 2018 and this Court by order dated 26.04.2018 had directed the District Collector, Theni to dispose of their representation dated 08.01.2015 on merits and in accordance
with law. Since, a direction has also been given by this Court in W.P.(MD)No.9688 of 2018, I am of the view that no further orders are necessary in this writ petition.
5.Accordingly, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar(CS-III) To
1. The District Collector,
2. The Competent Authority & Special District Revenue Officer (Land Acquisition), National Highways 45E & 220 Theni.
3. The Revenue Divisional Officer, Periyakulam,
4. The Special Tahsildar (Land Acquisition) National Highways 45E & 220 Theni.
5. The Tahsildar, Taluk Office, Periyakulam, + 1 CC TO Mr.K.APPADURAI, ADVOCATE IN SR No. 97247 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 97591 PNN TE/SV/SAR-3 : 20/12/2018 : 3P/8C W.P.(MD)No.4771 of 2018 and W.M.P.(MD)No.4785 of 2018 28.11.2018