The petitioner sought a writ to stop acquisition and eviction proceedings regarding his land, alleging lack of due process. The court noted that the revenue authorities were merely demarcating a road for drainage, not immediate acquisition with eviction.
Writ petition dismissed. No costs. Connected W.M.P. closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 12.12.2018
CORAM THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.32088 of 2018 and W.M.P.No.37331 of 2018
K.S.Ganesan
... Petitioner
-Versus-
1.The District Collector,
O/o The Collectorate,
Namakkal District.
2.The District Revenue Officer /
Land Acquisition Officer,
District Collector Office Campus,
Namakkal.
3.The Divisional Engineer,
Tamil Nadu State Highways Department,
Namakkal District.
4.The Assistant Divisional Engineer,
Tamil Nadu State Highways Department,
Tiruchengode,
Namakkal District.
5.The Assistant Engineer,
Tamil Nadu State Highways Department,
Pallipalayam,
Namakkal District.
6.The Tahsildar (Land Acquisition),
District Collector Office Campus,
Namakkal District.
7.The Revenue Divisional Officer,
O/o the Revenue Divisional Officer,
Tiruchengode,
Namakkal District.
... Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents from acquiring the petitioner's property comprised in No.20, Kokkarayanpettai Village, Natham Old S.No.142/1
(part), New S.No.142/6, bearing Old D.No.6/27, New D.No.6/193 admeasuring to an extent of 0.0030.0 square meter without due process of law,on the basis of the petitioner's representation dated 29.11.2018.
For Respondents : Mr.C.Thirumaran, Spl. G.P. for R1 to R6
ORDER
This writ petition has been filed seeking a writ of mandamus forbearing the respondents from acquiring the petitioner's property comprised in No.20, Kokkarayanpettai Village, Natham Old S.No.142/1 (part), New S.No.142/6, bearing Old D.No.6/27, New D.No.6/193 admeasuring to an extent of 0.0030.0 square meter without following the due process of law.
road margin, it is always open to the appropriate authority to remove the encroachments by following the due process of law. No costs. Consequently, connected WMP is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
kmk
To
1.The District Collector,
O/o The Collectorate,
Namakkal District.
2.The District Revenue Officer / Land Acquisition Officer,
Namakkal.
3.The Divisional Engineer,
Tamil Nadu State Highways Department,
Namakkal District.
4.The Assistant Divisional Engineer,
Tamil Nadu State Highways Department,
Tiruchengode, Namakkal District.
5.The Assistant Engineer,
Tamil Nadu State Highways Department,
Pallipalayam, Namakkal District.
6.The Tahsildar (Land Acquisition),
District Collector Office Campus,
Namakkal District.
7.The Revenue Divisional Officer,
O/o the Revenue Divisional Officer,
Tiruchengode, Namakkal District.
+1cc to M/s.Dass and Viswa Associates, Advocate, S.R.No.86137
+1cc to the Government Pleader, S.R.No.86259.
W.P.No.32088 of 2018
RK(CO) rrs 04/02/2019
2 issues framed by the court
Whether to issue a writ of mandamus to stop acquisition proceedings and alleged unlawful eviction of the petitioner's property.
Whether the petitioner's fear of unlawful eviction without notice is justified given the proposed road demarcation and storm water drainage.
K.S. Ganesan
District Collector, O/o The Collectorate, Namakkal District
District Revenue Officer / Land Acquisition Officer
Divisional Engineer, Tamil Nadu State Highways Department
Assistant Divisional Engineer, Tamil Nadu State Highways Department
Assistant Engineer, Tamil Nadu State Highways Department
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
