G.Ramalakshmi v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.10987 of 2024 1.G.Ramalakshmi 2.S.Maduraiveeran 3.M.Meenakshi 4.Malarkodi 5.Arumugathammal 6.S.Vijayakumar 7.V.Meenakshi 8.Sarasu 9.M.Revathy 10.J.Suganya 11.G.Saravanan 12.Palaniammal 13.Sumathy 14.Irulayi 1/6
15.E.Soundhararajan 16.R.Anandhan 17.Rukmani 18.K.Vanniyaperumal 19.M.Pathumuthu 20.Malliga 21.Velmurugan 22.Muthumari 23.Athishta Revathy 24.Pandiammal 25.Amirthavalli 26.Kalidhas 27.Muthukumar 28.Kavitha 29.Pandi Revathy 30.S.Chellachamy 31.M.Muthumeenakshi 32.L.Pandiammal 33.Hemalatha 34.Sundhari 2/6
35.Mariammal 36.C.Indhra 37.Mariam Beevi 38.Hussain Banu 39.C.Kalaiselvi ... Petitioners Vs.
1.The Secretary to Government, Revenue Department, Secretariat, Chennai.
2.The Commissioner of Land Administration, Chennai.
3.The District Collector, Madurai District, Madurai.
4.The Superintending Engineer, Highways Department, Madurai.
5.The Dhiwan Cum Administrative Secretary, Ramanathapuram Samasthanam Devasthanam, Ramanathapuram - 623 501.
6.The Commissioner, Madurai Corporation, Madurai.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to take 3/6
necessary steps to award adequate compensation to the petitioners before the eviction process and allot the alternate land by granting assignment patta in the name of the petitioners by considering the petitioners' representation dated 27.11.2023.
For Petitioners : Mr.G.R.Satish For Respondents : Mr.Veera.Kathiravan Additional Advocate General Assisted by Mr.D.Sasi Kumar Additional Government Pleader for R.1 to R.4 Mr.K.Sivabalan for R.6
ORDER
Heard both sides.
2.The petitioners are tenants in occupation of the petition mentioned sites. They belong to lower strata of the Society. Since Highways Department proposes to construct over-bridge, the houses in which the petitioners are presently residing face the prospect of demolition. That led to the filing of this writ petition. 3.As rightly pointed out by the learned Additional Advocate General, there may not be any scope for interfering in the matter. The 4/6
acquisition proceedings have already concluded. Final award has also been passed. Compensation amount has also been remitted in the revenue deposit. I can grant only two reliefs in favour of the petitioners. a) The petitioners are given breathing time of 45 days. In other words, they shall not be evicted before the expiry of 45 days from today. It is open to the authorities to evict the petitioners without notice after the breathing time is over.
b) It is seen that the petitioners are given individual representations seeking alternative accommodation. It is open to the third respondent to consider the cases of the individual applicants and pass appropriate order. I make it clear I am not issuing any positive direction to the third respondent.
4.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
13.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 5/6
G.R.SWAMINATHAN,J.
MGA To 1.The Secretary to Government, Revenue Department, Secretariat, Chennai.
2.The Commissioner of Land Administration, Chennai.
3.The District Collector, Madurai District, Madurai.
4.The Superintending Engineer, Highways Department, Madurai.
and W.M.P(MD)No.10987 of 2024 13.06.2024 6/6