Disposed

N.Dhanasekaran v. Assistant Divisional Engineer ( C and M)

Madras HC19 Feb 2024WP/3748/2024

Case brief

AI extract

What is this about?

Landowner alleged the Highways Department was encroaching on his patta land, damaging fencing and uprooting coconut trees during road and bridge work near Anthiyur. The court directed him to submit a written representation to the first respondent, who must hear and consider his grievances in accordance with law before proceeding with the work.

What the court decided

AI extract

N.Dhanasekaran Vs Assistant Divisional Engineer ( C and M) — Land Acquisition | Madras HC (2024)

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W.P.No.3748 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.02.2024

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CORAM :

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH

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W.P.No.3748 of 2024 and W.M.P.No.4053 of 2024

N.Dhanasekaran

.. Petitioner

1.The Assistant Divisional Engineer (C&M), Department of Highways, Bhavani sub-division, Erode District.

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2.The Assistant Engineer (C&M), Anthiyur Section, Erode District. .. Respondents

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents, men, agents, servants or any other persons claiming through them from in any way disturbing the peaceful possession and enjoyment of the agricultural land of the petitioner in S.F.No.1005/1B, Anthiyur Village, Anthiyur Taluk, Erode District, without following due process of law.

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For Petitioner : Mr.E.P.Senniyangiri

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https://www.mhc.tn.gov.in/judis

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1/4

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W.P.No.3748 of 2024

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For Respondents : Mr.G.Nanmaran Special Government Pleader

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ORDER

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Mr.G.Nanmaran, learned Special Government Pleader accepts

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notice for the respondents and is armed with requisite instructions to enable a purposeful disposal of this matter, even at the stage of admission.

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The petitioner claims to be the owner of agricultural land at S.No.1005/1B, 1005/1C1B, 108/2 Anthiyur Village, Erode District ('land'/'land in question'). A portion of the land abuts the village road by name Kandiyanur Metur – Michalepalayam Road, where the Department of Highways has commenced the assignment of strengthening of road and construction of a bridge.

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It is the petitioner's grievance that while executing the aforesaid work, the respondents are encroaching into his patta land without any authority. He alleges that they have damaged the fencing and the rough stone basement and also uprooted the fully grown three coconut trees with the assistance of heavy machines. Despite his complaint, the respondents show no sign of desisting.

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Hence, this writ petition seeking mandamus forbearing the 2/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.3748 of 2024

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respondents from interfering with the petitioner's peaceful possession of his agricultural land.

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Mr.Nanmaran, on instructions, would accede that the respondents are carrying out certain works in the vicinity of the petitioner's land and tenders an explanation in regard to the allegations put forth by the petitioner.

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However, being questions of fact, it would be appropriate that the petitioner meet the 1^st respondent/Assistant Divisional Engineer (C & M), Department of Highways in Bhavani Sub-Division and explain the nature of his grievances. He may carry a written representation in this connection. The petitioner will be granted audience, heard and his grievances considered in accordance with law by the respondents forthwith, and in any event, prior to proceeding with the work that the respondents are engaged in presently, proximate to the land in question.

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This writ petition is disposed in the aforesaid terms. No costs.

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Connected Miscellaneous Petition is closed.

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19.02.2024

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Index:Yes/No Neutral Citation:Yes mpl

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https://www.mhc.tn.gov.in/judis

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W.P.No.3748 of 2024

DR. ANITA SUMANTH,J.

mpl

1.The Assistant Divisional Engineer (C&M), Department of Highways, Bhavani sub-division, Erode District.

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2.The Assistant Engineer (C&M), Anthiyur Section, Erode District.

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W.P.No.3748 of 2024

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19.02.2024

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https://www.mhc.tn.gov.in/judis

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N.Dhanasekaran v. Assistant Divisional Engineer ( C and M)

Case brief

What is this about?

What the court decided

N.Dhanasekaran v. Assistant Divisional Engineer ( C and M)

Case brief

What is this about?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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