Petitioner sought mandamus directing authorities to mark only 103 sq.ft of his 372 sq.ft property for East Coast Road widening, fearing entire acquisition. The court held no cause of action existed as measurement and marking had not yet been done, and dismissed the petition as premature.
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W.P.No.5210 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No. 5210 of 2024
K.Raju
... Petitioner
versus
Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to strictly adhering to marking of only 103 sq.ft (road facing) out of the total extent of the petitioner's property of 372 sq.ft in petitioner's property at Door No.3/179, East Coast Road, Vettuvankeni, Injambakkam, Chennai – 600 115 forthwith or within a stipulated time as may be fixed by this Court.
For Petitioner : Mr.A.M.O.Gurunarayana Rao
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For Respondents : Mr.Mohamed Sathik Government Advocate
O R D E R
Mr.Mohamed Sathik, learned Government Advocate accepts notice for
the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
600 115 forthwith or within a stipulated time as may be fixed by this Court.
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informed him that his entire property will be acquired. Hence, the petitioner has filed this petition seeking a direction to the first respondent to mark only 103 sq.ft (road facing) as already notified.
as to costs.
01.03.2024
Index: Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No ms
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To
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P.VELMURUGAN, J.
ms
W.P.No.5210 of 2024
01.03.2024
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1 issue framed by the court
Whether the writ petition was premature when the respondents had not yet measured or marked the petitioner's property for acquisition beyond the notified 103 sq.ft.
1 provisions across 1 enactments
K.Raju
The Special District Revenue Officer (Land Acquisition), HRS Campus, Highways Department, Guindy, Chennai
The Special Tahsildar (Land Acquisition), Sholinganallur, Old Mahabalipuram Road, Sholinganallur, Chennai
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
