Temple sought mandamus restraining authorities from laying a road or drainage in its land without following the land acquisition law. The Executive Officer stated no work was proposed on that land; the writ petition was disposed of with 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.22567 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.09.2024
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
W.P.(MD) No.22567 of 2024 and W.M.P.(MD) No.19109 of 2024
Sri Thottaraya Swamy Temple, represented by its Trustee, R.Sakthivel ... Petitioner
/vs./
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the 3rd respondent or his agents or his
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subordinates from laying a road or put up a drainage channel in R.S.No.1794/2B to an extent of 15 cents (6 Ares) in Thimmarasanayakanur Bit - 2, Andipatti Taluk, Theni District without following the provisions as contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
For Petitioner : Mr.M.Karuppasamy Pandian
For R1 & R2 : Mr.B.Saravanan Additional Government Pleader
For R3 : Mr.C.Satheesh Government Advocate
ORDER
The above writ petition has been filed for the issue of a Writ of Mandamus forbearing the third respondent, his agents and his subordinates from laying a road or put up a drainage channel in R.S.No.1794/2B to an extent of 15 cents (6 Ares) in Thimmarasanayakanur Bit - 2, Andipatti Taluk, Theni District without following the provisions as contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
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petitioner's land in R.S.No.1794/2B, measuring an extent of 15 cents (6 ares) at
Thimmarasanayakanur Bit -2, Andipatti Taluk, Theni District, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Speaking : Yes / No 24.09.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm
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To
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P.T.ASHA, J.
mm
W.P.(MD) No.22567 of 2024
24.09.2024
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1 issue framed by the court
Whether respondents can lay a road or drainage channel in the petitioner's land without following the RFCTLARR Act, 2013.
2 provisions across 2 enactments
Sri Thottaraya Swamy Temple, represented by its Trustee, R.Sakthivel
The District Collector, Theni District
The Assistant Director of Town of Panchayat, Theni Region, Theni
The Executive Officer, Andipatti Town Panchayat, Andipatti
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
