The Court appointed Advocate Commissioners along with the Head Surveyor to remeasure land in Manamadurai. This was done to investigate allegations that the respondents acquired additional land beyond the notified area without following legal procedures.
Appointment of Advocate Commissioners and Head Surveyor to remeasure disputed land and submit a report.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Ninth day of October Two Thousand Eighteen
PRESENT
THE HON`BLE MRS.JUSTICE J.NISHA BANU
WMP(MD) No.18870 of 2018 IN WP(MD) No.21080 of 2018 LAKSHMANAN ... PETITIONER/PETITIONER
Vs
1 THE SPECIAL THASILDAR (LAND ACQ), NATIONAL HIGHWAYS 49, UNIT-II, MANAMADURAI
2 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, SUBRAMANIAPURAM 3RD STREET, KARAIKUDI, SIVAGANGAI DISTRICT ... RESPONDENTS/RESPONDENTS
Prayer in WMP(MD).18870/2018:
Writ Petition is filed under Article 226 of the Constitution of India, to appoint Advocate Commissioner and directing him with Head Surveyor, Manamadurai to re-measure and demarcate the subdivided properties which is belongs to the petitioner in survey Nos. 422/1A1, 422/1A2, 421/2A, Manamadurai Town, Sivagangai District and report before this Hon'ble Court.
Prayer in WP(MD). 21080/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus forbearing the respondents or their agents from acquiring the land in un-notified properties in survey Nos. 422/1A1, 422/1A2, 421/2A, Manamadurai Town, Sivagangai District.
ORDER : This petition coming on for hearing on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.RM.ARUN SWAMINATHAN, Advocate for the petitioner herein, MR.ARUL VADIVEL @ SEKAR, for the Respondents, this court made the following order:
This petition has been filed by the petitioner seeking to appoint an Advocate Commissioner and to direct him to remeasure and demarcate the sub-divided properties, which belongs to the https://hcservices.ecourts.gov.in/hcservices/ petitioner in Survey Nos.422/1A1, 422/1A2 and 421/2A, Manamadurai Town, Sivagangai District, along with Head Surveyor, Manamadurai.
2.The learned counsel appearing for the petitioner submitted that the respondents issued notification for acquisition only in respect of the lands in Survey Nos.422/1A1, to an extent of 260 sq.m., Survey No.422/1A2, to an extent of 212 sq.m. and Survey No.421/2A to an extent of 340 sq. m., totally 812 sq. m. and the same were already acquired. But, now the respondents are trying to acquire additional 10 sq. ft. from the existing boundary ie., about 300 sq. m., without issuing any notice and following the procedures contemplated under the acquisition laws.
// True Copy //
Sub Assistant Registrar(CS-I)
TO
1 THE SPECIAL THASILDAR https://hcservices.ecourts.gov.in/hcservices/ (LAND ACQ), NATIONAL HIGHWAYS 49, UNIT-II, MANAMADURAI
2 PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, SUBRAMANIAPURAM 3RD STREET, KARAIKUDI, SIVAGANGAI DIST
3 THE THASILDAR, VIRUDHUNAGAR DISTRICT. 4 THE HEAD SURVEYOR VIRUDHUNAGAR DISTRICT.
COPY TO 1 MRS.J.ANANDAVALLI, ADVOCATE, 85 LAW CHAMBER, MADURAI HIGH COURT, MADURAI 625 023.
2 MR.VEILKANI RAJU, ADVOCATE, 21 LAW CHAMBER, MADURAI HIGH COURT, MADURAI 625 023.
ORDER DATED :09/10/2018 ORDER WMP(MD) NO.18870 OF 2018 IN WP(MD) No.21080 of 2018
TR/SKN/SAR-I(10.10.2018)3P 7C
2 issues framed by the court
Whether an Advocate Commissioner should be appointed to remeasure land allegedly acquired in excess of notification.
Whether the respondents issued proper notice before acquiring additional land beyond the notified extent.
1 provisions across 1 enactments
Lakshmanan
The Special Thasildar (Land Acq), National Highways 49, Unit-II, Manamadurai
Project Director, National Highways Authority of India, Subramanipuram 3rd Street, Karaikudi, Sivagangi District
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
