Petitioner challenged land acquisition proceedings alleging land-locked status. Court noted pathway existence via Highways acquisition and compensation deposit, thus disposed of petition.
No relief granted; petition disposed of against petitioner.
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W.P.No.1959 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.1959 of 2023
A.Baskaran
... Petitioner
Vs.
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W.P.No.1959 of 2023
5.The Special Tahsildar, Highways Projects, TNUDB - 3, Poonamallee. ... Respondents
[R4 & R5 suo motu impleaded vide order dated 15.02.2023 made in WP.No.1959 of 2023]
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the entire records in relation to the impugned proceedings initiated by the 2 nd respondent in Na.Ka.No.30/Ni.A/ Se.Me.E.Ni/ 2020 dated 22.12.2022, quash the same.
| For Petitioner | : Mr.K.Sukumaran For Mr.C.Veera Raghavan |
|---|---|
| For R1, R2, R4 & R5 | : Mr.P.Sanjay Gandhi Government Advocate |
| For R3 | : Mrs.Rita Chandrasekar |
| : Mr.V.V.Krishnan Advocate Commissioner |
O R D E R
The writ on hand has been instituted questioning the impunged proceedings initiated by the Land Acquisition Officer dated 22.12.2022.
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issued by this Court on 30.06.2022 in W.P.No.16557 of 2022 directing the authorities to consider the objections raised by the petitioner. The Land Acquisition Officer considered the objections submitted by the petitioner and the petitioner also appeared before the authority concerned and placed his objections.
Limited in respect of the contention made by the petitioner that there is no
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pathway in existence, made a submission that the property is not land locked
as the petitioner had created an artificial barry guard, so as to intimate that there is no pathway. If the artificial sheet (barry guard) is removed, then he will have a pathway for his usage.
been deposited before the Competent Court. That being the factum, the petitioner is at liberty to draw the compensation amount already deposited by following the procedures as contemplated.
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costs.
24.07.2023
Jeni Index : Yes Neutral Citation : Yes Speaking order
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To
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S.M.SUBRAMANIAM, J.
Jeni
W.P.No.1959 of 2023
24.07.2023
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1 issue framed by the court
Whether the quashing of impugned proceedings dated 22.12.2022 is warranted in light of availability of pathway and completion of acqui
1 provisions across 1 enactments
A.Baskaran
The District Collector
The Special District Revenue Officer, Land Acquisition for CMRL
Chennai Metro Rail Limited
The Secretary to Government, Highways and Minor Ports Department
The Special Tahsildar, Highways Projects
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
