Ravi v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025
CORAM
THE HON'BLE MR.JUSTICE P.B.BALAJI Ravi : Petitioner Vs.
1. The Secretary to Government, High Way Department, Government of Tamilnadu, Fort St.George, Chennai - 600 009.
2. The Chief Engineer, High Way, Construction and Maintenance(C & M), HRS Campus, Sardar Patel Road, Guindy, Chennai - 25.
3. The District Collector,
4. The Divisional Engineer, High Way, Construction and Maintenance, Travellers Bunglow Campus, 1/7
5. The Assistant Divisional Engineer, High way Department, Construction and Maintenance (C & M), Travellers Bunglow Campus, Kadampa Nagar,
6. The Special District Revenue Officer, (Land Acquisition-National Highway) 210 & 49,
7. The Special Thasildhar (Land Acquisition), : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents to acquire my land situated at Survey No. 310/3, 311/5A, 311/6A and 311/7A in Kavanoor Revenue Village, Ramanathapuram Taluka, Ramanathapuram District by providing appropriate compensation in view of proceedings of the 3rd respondent in Na.Ka.B1/29036/2023 dated 13.02.2025 based on my Representation dated 16.01.2025 within the period stipulated by this Hon'ble Court. For Petitioner : Mr.B.Mahendrarajan For Respondents : Mr.B.Saravanan Additional Government Pleader 2/7
O R D E R
The petitioner seeks issuance of Writ of Mandamus, to direct the respondents to acquire his lands and provide compensation.
2.I have heard the learned Counsel for the petitioner as well as Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents.
3.The grievance of the petitioner is that the petitioner has spent substantial amounts for setting up of water plant and at the fag end, it was brought to his notice that because of the road widening exercise undertaken by the Highways Department, expanding the two way lane to four way lane, the petitioner's project has suffered, though the petitioner's lands have not been acquired. In view of the expansion of the highways, the petitioner is not able to put his property to any use. Hence, he has sent a representation on 16.01.2025, seeking for acquisition of his lands and also consequential pay compensation.
4.Learned Additional Government Pleader would invite my attention of the communication of the fourth respondent, wherein it 3/7
is stated that the lands of the petitioner are not required and the petitioner is at liberty to enjoy the said property in any manner he likes.
5.The Writ Court cannot issue any such positive directions compelling the authorities to acquire the petitioner's lands. However, considering the hardship that has been expressed by the petitioner, it would suffice to direct the fourth respondent to inquire into the petitioner's application and after hearing the petitioner and collecting all documentary evidence from the petitioner, the fourth respondent shall forward a report to the third respondent / District Collector, who shall consider the petitioner's request, report of the fourth respondent and pass final orders, if there is any necessity of the petitioner's land for such project. The fourth respondent shall conduct an enquiry within a period of eight [8] weeks from the date of receipt of a copy of this order and the third respondent shall pass final orders based on the same within a period of eight [8] weeks thereafter.
19.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 4/7
To
1. The Secretary to Government, High Way Department, Government of Tamilnadu, Fort St.George, Chennai - 600 009.
2. The Chief Engineer, High Way, Construction and Maintenance(C & M), HRS Campus, Sardar Patel Road, Guindy, Chennai - 25.
3. The District Collector,
4. The Divisional Engineer, High Way, Construction and Maintenance, Travellers Bunglow Campus,
5. The Assistant Divisional Engineer, High way Department, Construction and Maintenance (C & M), Travellers Bunglow Campus, Kadampa Nagar, 5/7
6. The Special District Revenue Officer, (Land Acquisition-National Highway) 210 & 49,
7. The Special Thasildhar(Land Acquisition), 6/7
P.B.BALAJI.
, J.
MR 19.03.2025 7/7