The Madurai Bench dismissed the Writ Petition as infructuous. The Court held that the land had already been acquired under the National Highways Act via due procedure, leaving nothing to consider on merits.
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: 07.12.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
W.P.(MD)No.1028 of 2015
and M.P.(MD)No.2 of 2015
1.Chandrakumar 2.Rajalingam 3.Udayakumar : Petitioners
Vs.
1.The Special District Revenue Officer, (Land Acquisition), National Highways (NH-226), Pudukottai Collectorate, Pudukottai.
2.The Special Tahsildar, (Land Acquisition), National Highways (NH-226), Sivagangai.
3.The Chief Conservator of Forest, Chennai. 4.The District Forest Officer, Sivagangai.
5.The District Collector, Sivagangai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, forbearing the respondents 1 and 2 from acquiring lands in S.F.No.202 of Kanjirangal Village, which is in possession and enjoyment of the petitioners without considering their objections on merits.
For Petitioners : Mr.P.Ganapathi Subramanian For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader
2
O R D E R
The petitioners seek for a Mandamus, to forbear the first and second respondents from acquiring lands at S.F.No.202 of Kanjirangal Village, which, according to the petitioners, is in their possession and enjoyment.
Sd/-
Deputy Registrar
/True Copy/
Sub Assistant Registrar
SML
To
1.The Special District Revenue Officer, (Land Acquisition), National Highways (NH-226), Pudukottai Collectorate, Pudukottai.
2.The Special Tahsildar, (Land Acquisition), National Highways (NH-226), Sivagangai.
3.The Chief Conservator of Forest, Chennai.
4.The District Forest Officer, Sivagangai.
5.The District Collector, Sivagangai District.
+1cc to Spl.Government Pleader Sr.No. 79982 +1cc to Mr.P.Ganapathi Subramanian Advocate Sr.No. 79900
JAM/27.12.16/RR/ 2p-8c
Order made in W.P.(MD)No.1028 of 2015 Dated: 07.12.2016
1 issue framed by the court
Whether a Writ of Mandamus can be issued to stop land acquisition by the Revenue Officers when the petitioners have already been notified and the acquisition is under the due procedure.
Chandrakumar
Rajalingam
Udayakumar
The Special District Revenue Officer, (Land Acquisition), National Highways (NH-226), Pudukottai Collectorate, Pudukottai
The Special Tahsildar, (Land Acquisition), National Highways (NH-226), Sivagangai
The Chief Conservator of Forest, Chennai
K.Ravichandrabaabu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
