N.S.Saravanan, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 05.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.17108 of 2017 N.S.Saravanan ... Petitioner Vs 1.The Commissioner, Municipal Administration, 6th Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Commissioner, Karur Municipality, Municipal Office, Karur.

3.The Municipal Engineer, Karur Municipality, Municipal Office, Karur.

4.P.Ashok Kumar Commissioner, Karur Municipality, Municipal Office, Karur.

5.P.Rajendran Municipal Engineer, Karur Municipality, Karur.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus to direct the 1st respondent to initiate departmental enquiry against the 4th and 5th respondents for the procedural violation in land acquisition and to compensate the loss incurred to the petitioner for the land acquired in the said proceedings within a time frame as stipulated by this Court.

For Petitioner : Mr.T.Senthil Kumar For Respondent : Mr.G.V.Vairam Santhosh No.1 Additional Govt.Pleader For Respondent : Mr.K.Balasubramani, Nos.2 and 3 Special Govt.Pleader For Respondent : No appearance Nos.4 and 5

ORDER

The petitioner claims to be the owner of the property in TS.Nos.2083 and 2084/2 at Pasupathipalayam, Karur has approached this Court for a writ of mandamus directing the 1st respondent to conduct enquiry as against the 4th and 5th respondents that his land has been used for laying road without acquisition.

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2.The case of the petitioner is that the respondents have proposed to lay the road on the petitioner's land in S.Nos.2083 and 2084/2 without acquisition and therefore, the petitioner has initiated action as against the officers concerned who are responsible for the same.

3.When the writ petition is taken up for hearing, the learned Counsel for the petitioner seeks time.

4.The learned Special Government Pleader appearing for the respondent corporation submits that this petitioner's land has not been utilised for laying the road. Initially the road was proposed to be laid in the petitioner's land also. Since the petitioner has filed this writ petition and a suit before the Principal District Munisif Court in OS.No.325 of 2017, they have laid the road in the Municipality land alone, leaving the petitioner's land. He has also produced a copy of the topography. 3/5

5.Recording the above submission, this writ petition is closed. No costs. Consequently connected miscellaneous petition is closed.

05.02.2024 Internet : Yes / No DSK To 1.The Commissioner, Municipal Administration, 6th Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Commissioner, Karur Municipality, Municipal Office, Karur.

3.The Municipal Engineer, Karur Municipality, Municipal Office, Karur.

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B.PUGALENDHI, J.

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