Madras High CourtWP(MD)/24944/2016disposed of

P.Ramesh v. The Secretary

2020-03-12Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.24944 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.24944 of 2016 P.Ramesh ... Petitioner vs.

1)The Secretary, Rural Development & Land Acquisition (RDLA), Secretariat, Fort St.George, Chennai-600 001.

2)The Commissioner, Karur Municipality, Karur.

3)Bhakkiyalakshmi, Executive Officer, (Previous Incharge), Inam Karur Municipality (then) Presently working at Madurai Corporation, Madurai.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to consider his representation dated 6.6.2016 and to take necessary action against the third respondent for acquisition of the lands of the petitioner without following due process of law within the time stipulated by this Hon'ble Court. For Petitioner : Mr.M.Bindran For R1 : Mr.M.Murugan, Government Advocate For R2 & R3 : Mr.D.Kirubakaran Mr.D.Raghu

ORDER

This writ petition has been filed for a direction to the respondents 1 and 2 to consider the petitioner's representation dated 06.06.2016 by taking action against the 3rd respondent for acquisition of the petitioner's lands without following due process of law.

2.The 3rd respondent who is a private respondent had acted according to the law and has acquired the petitioner's lands. If the petitioner is aggrieved that the acquisition was not followed by due process of law, he has to challenge the acquisition proceedings and without doing so, filing the present writ petition with the prayer to consider his representation to take action against the 3rd respondent for such acquisition is not maintainable. 3.Such a prayer of the writ petition is misconceived. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.24944 of 2016 Therefore, the writ petition is dismissed. No costs. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) bala To 1)The Secretary, Rural Development & Land Acquisition (RDLA), Secretariat, Fort St.George, Chennai-600 001.

2)The Commissioner, Karur Municipality, Karur.

3)+1 CC to M/s.B.SARAVANAN, Advocate (SR-11559[F] dated 13/03/2020 ) 4)+1 CC to M/s.M.MOHANASUNDARAM, Advocate (SR-11866[F] dated 16/03/2020 ) ORDER MADE IN W.P(MD)No.24944 of 2016 DATED : 12.03.2020 TP (06.05.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2