K.Yasar Arafath v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and W.M.P.(MD) No.7061 of 2020 K.Yasar Arafath ... Petitioner Vs.
1.The District Collector, Collectorate, Madurai District.
2.The Revenue Divisional Officer, Melur Revenue Divisional Office, Camp at Y.Othakadai Madurai District.
3.The Tahsildar, Madurai East Taluk Narasingam, Y.Othakadai Madurai District.
4.The Executive Engineer (PWD) Periyar Vaigai Canal Sub Division, Tallakulam, Madurai.
5.The Divisional Engineer, National Highways Besant Road, Chinnachokkikulam Madurai.
6.The Superintending Engineer National Highways Besant Road, Chinnachokkikulam Madurai.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to restore the possession of the illegally acquired landed property to the petitioner comprised in Re-survey No.278/4, UDR Survey No.130/4B, bearing Patta No.2097 measuring to an extent of 6 cents of Vandiyur Bit II Village, presently Madurai East Taluk, Madurai District, on necessity the said property be acquired for the purpose of road laying by following the due process of law after payment of compensation to the petitioner at the prevailing market rate price, based on the petitioner's representation dated 04.07.2020 to the respondents. 1/4
For Petitioner : Mr.K.Pandiarajan For Respondents : Mr.K.P.Krishnadoss Special Government Pleader(For R1 to R3)
O R D E R
The petitioner has come forward with this writ petition for a direction to the respondents to restore the possession of the illegally acquired landed property to the petitioner comprised in Re-survey No.278/4, UDR Survey No.130/4B, bearing Patta No.2097 measuring to an extent of 6 cents of Vandiyur Bit II Village, presently Madurai East Taluk, Madurai District, on necessity the said property be acquired for the purpose of road laying by following the due process of law after payment of compensation to the petitioner at the prevailing market rate price, based on the petitioner's representation dated 04.07.2020 to the respondents. 2.It is the case of the petitioner that the above said property has been acquired by the respondents for laying of road, however without following due process of law and without paying full compensation, the work has been commenced. Hence, the petitioner has sent a representation to the respondents. Since the said representation has not been considered so far, the petitioner is before this Court with the aforesaid prayer.
3. Even though time has been granted to the respondents for filing counter, counter has not been filed.
4. Today, when the matter was taken up for hearing, based on the written instructions received by Mr.K.P.Krishnadoss, learned Special Government Pleader, he has made a statement that the Tahsildar may consider the request of the petitioner and the District Collector will ascertain whether there is a possibility of giving alternate site or to pay compensation while taking the land for the purpose of extension of road and a time limit may be fixed for the District Collector to decide the matter. The said statement is recorded.
5. The petitioner has no objection for the District Collector in deciding the issue, but however, till the issue is decided, no further laying of road to be allowed to be permitted, it is contended.
6. The learned Special Government, in reply, submitted that already 80% of the road has been laid, but for the objection made by the petitioner, laying of road would have been completed.
7. I have heard the submissions made on either side.
8. Since the District Collector shall decide the issue to 2/4
ascertain as to whether the possibility of taking the land or to provide the petitioner with alternate site or to pay compensation, this Court expects the District Collector to take a decision, after hearing the petitioner in person, within a period of 60 days from the date of receipt of a copy of this order. However, till such time, no further progress with laying of road shall continue with regard to the petitioner's property alone. It is made clear that if possible the proceedings before the District Collector shall be videographed, at the cost of the petitioner, so that no further complication arises and a copy of the videograph shall be provided to the petitioner immediately, at the cost of the petitioner.
9. The writ petition is disposed of with the above direction. No costs. Consequently connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1.The District Collector, Collectorate, Madurai District.
2.The Revenue Divisional Officer, Melur Revenue Divisional Office, Camp at Y.Othakadai Madurai District.
3.The Tahsildar, Madurai East Taluk Narasingam Y.Othakadai Madurai District.
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4.The Executive Engineer (PWD) Periyar Vaigai Canal Sub Division, Tallakulam Madurai.
5.The Divisional Engineer, National Highways Besant Road, Chinnachokkikulam Madurai.
6.The Superintending Engineer National Highways Besant Road, Chinnachokkikulam Madurai.
+1 CC to SGP ( SR-20998[F] dated 03/11/2020 ) Order made in Dated:
02.11.2020 CK(CO) KM (16.11.2020) 4P 8C 4/4