Kursheed Sharfudeen v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)No.19792 of 2024 Kursheed Sharfudeen .. Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Secretary, Fort St.George, Chennai.
2.The District Collector, O/o the District Collector, 3.The Superintending Engineer, No.888, T.V.S.Toll Gate, Subramaniyapuram, Trichy-620 020.
4.The Executive Engineer,
5.The Assistant Engineer, Alangudi Division, 6.The Revenue Divisional Officer, Pudukottai Taluk, 7.The Tahsildar, Pudukottai Taluk, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents from expanding the State Highways Road (SH-71) into the Patta land of the petitioner comprised in S.No.152/4B2A, Alangudi Road, Ashok Nagar, Pudukottai district without acquiring the same in the manner provided under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or under any other law for the time being in force. For Petitioner :
Mr.H.Jasima Yasmin for M/s.Ajmal Associates For Respondents :
Mr.B.Saravanan Additional Government Pleader
ORDER
The present writ petition has been filed seeking a mandamus forbearing the respondents from expanding the State Highways Road (SH-71) into the Patta land of the petitioner comprised in S.No. 152/4B2A, Alangudi Road, Ashok Nagar, Pudukottai district without acquiring the same in the manner provided under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or under any other law for the time being in force.
2. On instructions, the learned Additional Government Pleader submits that there is no proposal to expand the road and it is only a proposal to lay a drainage channel and even that would be commenced only after surveying the petitioner's land, demarcating the boundaries and thereafter, putting up the drainage channel beyond this boundary.
3. The learned counsel for the petitioner would submit that without notice, on 21.09.2024 at 12.00 p.m, a portion of the compound wall of the petitioner's property which is a petrol bunk has been demolished. It is made clear that from the survey of the land, if it is found that the compound wall which has been demolished comes within the property of a petitioner, then the respondents shall repair and construct the demolished / damaged portion at their cost. The respondents have also assured the Court that no activity would be undertaken till the survey is conducted.
4. Recording the above, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 01.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg
To 1.The Secretary, Fort St.George, Chennai.
2.The District Collector, O/o the District Collector, 3.The Superintending Engineer, No.888, T.V.S.Toll Gate, Subramaniyapuram, Trichy-620 020.
4.The Executive Engineer, 5.The Assistant Engineer, Alangudi Division, 6.The Revenue Divisional Officer, Pudukottai Taluk, 7.The Tahsildar, Pudukottai Taluk,
P.T.ASHA, J.
gbg 01.10.2024