Velusamy v. The Secretary Of Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.15922 of 2021 Velusamy ... Petitioner Vs.

1.The Secretary of Government, Public Works Department and Water Resource Organisation, Fort Saint George, Chennai - 600 009.

2.The District Collector, Madurai District, Madurai.

3.The Commissioner, Madurai Corporation, Madurai District.

4.The Executive Engineer, Public Works Department and Water Resource Organization, Periyar Vaigai Passing Project, Thallakulam, Madurai District - 2.

5.The Superintendent Engineer, National Highways, Madurai District.

...Respondents

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PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to forbear the respondents from initiating any steps to vacate the petitioner from the property in Door No.38 C, Town Survey No.457, New Survey No.3340, part-44, Aasari Thoppu, Vaigai Vadakarai, Ward-10, Madurai town to an extent of 00.32 ares and consequently to direct the respondents to follow the procedures of the Land Acquisition Act and to award adequate compensation to the petitioner if the respondents are really needing the petitioner's above mentioned property. For Petitioner : Mr.A.Karthick Kumar For R3 : Ms.S.Devasena Standing Counsel For RR1, 2, 4 & 5 : Mr.A.K.Manikkam Special Government Pleader O RDER This writ petition has been filed for the issue of writ of mandamus to forbear the respondents from evicting the petitioner from the subject property without following the due process of law and without paying the compensation to the petitioner.

2.The present writ petition has been filed by the petitioner on a mere apprehension without any materials. The petitioner has given a representation on 29.09.2021 and has filed this writ petition on 07.10.2021. This Court will 2/4

not exercise its writ jurisdiction in a case of this nature, more particularly, where the petition is filed on a mere apprehension without any solid facts. 3.When the matter is taken up for hearing today, it is submitted by the learned Special Government Pleader and the learned Standing Counsel for the respondents that the petitioner had approached this Court without any basis and only on apprehension.

4.In view of the above, this Court does not see any ground to pass orders in this writ petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is also closed. 09.11.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No ta To 1.The Secretary of Government, Public Works Department and Water Resource Organisation, Fort Saint George, Chennai - 600 009.

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N.ANAND VENKATESH, J.

ta 2.The District Collector, Madurai District, Madurai.

3.The Commissioner, Madurai Corporation, Madurai District.

4.The Executive Engineer, Public Works Department and Water Resource Organization, Periyar Vaigai Passing Project, Thallakulam, Madurai District - 2.

5.The Superintendent Engineer, National Highways, Madurai District.

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