Writ petition for mandamus to remove unauthorized road construction on petitioner's land and award compensation. Court allowed fresh representation to Collector for merits-based disposal within four months.
Liberty to submit fresh representation to District Collector for disposal on merits within 4 months; writ disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2013
CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN WRIT PETITION (MD)No.1043 of 2013 and M.P.(MD) No.1 of 2013
K.Chellaswamy .. Petitioner
Vs.
1.State of Tamil Nadu, Rep. by its Secretary, Department of Highways, Fort St. George, Chennai - 9. 2.The District Collector, Kanyakumari District, Kanyakumari. 3.The Divisional Engineer, Highways Department (C & M), Nagercoil, Kanyakumari District. 4.The Assistant Director of Panchayat, O/o. The Assistant Director of Panchayat, Nagercoil,
Kanyakumari District. 5.The President of Panchayat, Vellichandhai Grade I Panchayat, Nagercoil, Kanyakumari District. .. Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the Respondent Nos.1 to 3 to remove the unauthorized construction of road in the Petitioner's Patta land to the extent of 5 Cents in Survey Nos.1100/11, 1101/5 situated at Kadiyapattinam Village, Kalkulam Taluk, Kanyakumari District and to provide compensation for the Petitioner to the tune of Rs.20,00,000/(Twenty Lakh Rupees) within the time period stipulated by this Hon'ble Court.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents : Mr.D.Muruganantham
Additional Government Pleader
O R D E R
The petitioner seeks a writ of mandamus, directing the respondents to remove the unauthorized construction of road in his patta land and to pay compensation.
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Kalkulam Taluk, Kanyakumari District. According to the petitioner without acquiring the property, a road was laid through the said property by the Tamil Nadu Highways Department. The petitioner wanted the District Collector to pay him compensation. The petitioner submitted a representation to the District Collector on 23.09.2010, followed by reminders dated 21.11.2011 and 05.12.2011. However, there was no follow up action taken by the District Collector, Kanyakumari District and as such the petitioner is before this Court.
Sd/-
Assistant Registrar(AS)
/True Copy/
Sub Assistant Registrar
To
AA/04.06.2013/2p-7c/
WRIT PETITION (MD)No.1043 of 2013 and M.P.(MD) No.1 of 2013 15.04.2013
1 issue framed by the court
Whether to direct the respondents to remove unauthorized road construction from the petitioner's land and pay compensation.
1 provisions across 1 enactments
K.Chellaswamy
State of Tamil Nadu, Republic of its Secretary, Department of Highways
District Collector, Kanyakumari District
Divisional Engineer, Highways Department (C & M)
Assistant Director of Panchayat, Nagercoil
President of Panchayat, Vellichandhai Grade I Panchayat
K.K.Sasidharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
