A writ petition challenging the forcible taking of land for a water channel without acquisition proceedings was dismissed. The Court noted the 60-year delay in protest, distinguishing a cited Supreme Court case where the predecessor was illiterate.
The Writ Petition stands dismissed. No costs.
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.
W.P.(MD) No.19515 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.10.2024
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
W.P.(MD) No.19515 of 2024 and W.M.P.(MD) No.16567 of 2024
J.Soma Sundarraj
... Petitioner
/vs./
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W.P.(MD) No.19515 of 2024
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay compensation for the land to an extent of 8.450 cents forcibly taken over for constructing water
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channel without taking recourse to acquisition proceedings, or due process of law in Survey No. 541/22, Karungal Village, Killiyoor Taluk, Kanyakumari District, and consequently forbear the respondents herein or any one claiming on their behalf from in any manner interfering with the petitioner's peaceful possession and enjoyment and remove the encumbrance of a portion of an unutilized land to an extent of 5.25 cents in Survey No. 541/23, Karungal Village, Killiyoor Taluk, Kanyakumari District without establish their claim of water body or water channel.
For Petitioner : Mr.R.Russel Raj
For Respondents : Mr.B.Saravanan Additional Government Pleader
ORDER
The above writ petition has been filed for the issue of a Writ of Mandamus directing the respondents to pay compensation for the land, measuring an extent of 8.450 cents in Survey No.541/22, Karungal Village, Killiyoor Taluk, Kanyakumari District and consequently forbear the respondents from in any manner interfering with the petitioner's peaceful possession and enjoyment and remove the encumbrance of a portion of an unutilized land to an extent of 5.25 cents in Survey No. 541/23, Karungal Village, Killiyoor Taluk, Kanyakumari District without establish their claim of water body or water channel.
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Speaking : Yes / No 24.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No
mm
To
Chennai 600 009.
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P.T.ASHA, J.
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W.P.(MD) No.19515 of 2024
24.10.2024
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2 issues framed by the court
Whether the petitioner is entitled to compensation for land allegedly forcibly taken over centuries ago without due process.
Whether the delay of 60 years in raising a protest justifies granting the relief claimed in this writ petition.
Colour shows how this judgement treated each authority
Vidya Devi vs. The State of Himachal Pradesh and othersDistinguished¶38
Civil Appeal Nos.60-61 of 2020 (Vidya Devi Vs. The State of Himachal Pradesh and others)
J.Soma Sundarraj
Government of Tamil Nadu
P.T.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
