Raj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD)No.7270 of 2022 Raj ... Petitioner -Vs1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

3.The Block Development Officer, (Village Panchayat), Vasudevanallur Panchayat Union, Tenkasi District.

4.The President, Ramasamiyapuram Village Panchayat, Kadayanallur Taluk, Tenkasi District.

... Respondents

PRAYER: Petition 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 properties to the petitioner comprised in Survey No.18/4A situated at Ramasamiapuram Village, Kadaiyanallur Taluk, Tenkasi District and 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 representation dated 05.04.2022 to the respondents. For Petitioner : Mr.P.Krishnasamy For R2 to R4 : Mr.P.Thilak Kumar, Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Mr.P.Thilak Kumar, states the petition will be considered as a representation and the concerned authorities would examine the ground realities and pass necessary orders in accordance with law.

2. The statement is accepted as an undertaking to this Court.

3. Respondents are directed to give notice to petitioner and to petitioner in W.P.(MD)No.28675 of 2023 as well as any other person claiming right, while conducting a survey. Thereafter, orders shall be passed after affording an opportunity of personal hearing to the parties concerned. The order to be passed shall be a reasoned order.

4. Writ Petition stands disposed of in terms of above findings. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

[K.R.SHRIRAM., C.J.] & [V.LAKSHMINARAYANAN, J.] 14.02.2025 NCC : Yes / No Index : Yes / No MR

To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

3.The Block Development Officer, (Village Panchayat), Vasudevanallur Panchayat Union, Tenkasi District.

4.The President, Ramasamiyapuram Village Panchayat, Kadayanallur Taluk, Tenkasi District.

THE HON'BLE CHIEF JUSTICE and V.LAKSHMINARAYANAN , J.

MR 14.02.2025