Disposed

Kursheed Sharfudeen v. The State of Tamil Nadu

Madras HC1 Oct 2024WP(MD)/23390/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus to restrain respondents from acquiring patta land for road expansion without following land acquisition laws. Respondents clarified no expansion proposal existed, only a drainage channel after survey and demarcation, and assured repair of damaged wall. Petition disposed of based on these assurances.

What did the court decide?

Writ petition disposed of based on assurances given by respondents regarding survey, demarcation, and repair of demolished wall.

Kursheed Sharfudeen Vs The State of Tamil Nadu — Land Acquisition | Madras HC (2024)

¶1

W.P.(MD) No.23390 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 01.10.2024

¶4

CORAM:

¶5

THE HONOURABLE MS.JUSTICE P.T.ASHA

¶6

W.P.(MD) No.23390 of 2024 and

¶7

W.M.P(MD)No.19792 of 2024

¶8

Kursheed Sharfudeen .. Petitioner

¶9

Vs.

¶10

1.The State of Tamil Nadu, Represented by its Secretary, Highways Department, Fort St.George, Chennai.

¶11

2.The District Collector, O/o the District Collector, Pudukottai District.

¶12

3.The Superintending Engineer, Highways Department, No.888, T.V.S.Toll Gate, Subramaniyapuram, Trichy-620 020.

¶13

4.The Executive Engineer, Highways Department, Kalyanaramapuram, Thirukokaram, Pudukottai District.

¶14

_________Page 1 of 6

¶15

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

¶16

W.P.(MD) No.23390 of 2024

¶17

5.The Assistant Engineer, Highways Department, Alangudi Division, Kalyanaramapuram, Thirukokaram, Pudukottai District.

¶18

6.The Revenue Divisional Officer, Pudukottai Taluk, Pudukottai District.

¶19

7.The Tahsildar, Pudukottai Taluk, Pudukottai District. .. Respondents

¶20

Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondents from expanding the State Highways Road (SH-71) into the Patta land of the petitioner comprised in S.No.152/4B2A, Alangudi Road, Ashok Nagar, Pudukottai district without acquiring the same in the manner provided under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or under any other law for the time being in force.

¶21

For Petitioner : Mr.H.Jasima Yasmin for M/s.Ajmal Associates

¶22

For Respondents : Mr.B.Saravanan Additional Government Pleader

¶23

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

¶24

_________Page 2 of 6

¶25

W.P.(MD) No.23390 of 2024

¶26

ORDER

¶27

The present writ petition has been filed seeking a mandamus forbearing the respondents from expanding the State Highways Road (SH-71) into the Patta land of the petitioner comprised in S.No. 152/4B2A, Alangudi Road, Ashok Nagar, Pudukottai district without acquiring the same in the manner provided under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or under any other law for the time being in force.

¶28

On instructions, the learned Additional Government Pleader

¶29

submits that there is no proposal to expand the road and it is only a proposal to lay a drainage channel and even that would be commenced only after surveying the petitioner's land, demarcating the boundaries and thereafter, putting up the drainage channel beyond this boundary.

¶30

_________Page 3 of 6

¶31

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

¶32

W.P.(MD) No.23390 of 2024

¶33

The learned counsel for the petitioner would submit that without

¶34

notice, on 21.09.2024 at 12.00 p.m, a portion of the compound wall of the petitioner's property which is a petrol bunk has been demolished. It is made clear that from the survey of the land, if it is found that the compound wall which has been demolished comes within the property of a petitioner, then the respondents shall repair and construct the demolished / damaged portion at their cost. The respondents have also assured the Court that no activity would be undertaken till the survey is conducted.

¶35