Raj Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

Raj Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the Court's findings: the Government Pleader's statement was accepted as an undertaking to the Court; respondents directed to give notice to the petitioner, the petitioner in W.P.(MD)No.28675 of 2023 and any other claimant while conducting a survey, to afford personal hearing and pass a reasoned order; no order as to costs; connected Miscellaneous Petition closed.

Issue for consideration

Whether the respondents should restore possession of the petitioner's land comprised in Survey No.18/4A, Ramasamiapuram Village, Kadaiyanallur Taluk, Tenkasi District, or acquire it for road laying by following due process of law after payment of compensation at the prevailing market rate.

Court's answer

On the statement of the Government Pleader that the petition will be considered as a representation and the concerned authorities would examine the ground realities and pass necessary orders in accordance with law, the Court accepted that statement as an undertaking to the Court.

Ratio / Principle

The respondents are directed to give notice to the petitioner, to the petitioner in W.P.(MD)No.28675 of 2023 and to any other person claiming right while conducting a survey, and thereafter to pass a reasoned order after affording an opportunity of personal hearing to the parties concerned.

Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 of the Constitution of India seeking restoration of possession of land in Survey No.18/4A, Ramasamiapuram Village, Kadaiyanallur Taluk, Tenkasi District, or alternatively its acquisition for road laying with compensation at prevailing market rate pursuant to a representation dated 05.04.2022. The Government Pleader stated that the petition would be considered as a representation and the authorities would examine the ground realities and pass necessary orders in accordance with law; the Court accepted this as an undertaking. The Court further directed that notice be given to the petitioner, the petitioner in W.P.(MD)No.28675 of 2023 and any other person claiming right while conducting a survey, and that a reasoned order be passed after affording personal hearing. Writ petition disposed of; no costs; connected W.M.P.(MD)No.7270 of 2022 closed.

W.P.(MD) No.10240 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 14.02.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE

AND

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

W.P.(MD) No.10240 of 2022

and

W.M.P.(MD)No.7270 of 2022

Raj

... Petitioner

-Vs-

1.The District Collector,

Tenkasi District,

Tenkasi.

2.The Tahsildar,

Kadayanallur Taluk,

Tenkasi District.

3.The Block Development Officer,

(Village Panchayat), Vasudevanallur Panchayat Union,

Tenkasi District.

4.The President,

Ramasamiyapuram Village Panchayat,

Kadayanallur Taluk,

Tenkasi District. ... Respondents

Page 1 of 5

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

W.P.(MD) No.10240 of 2022

PRAYER:

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to restore the possession of the illegally acquired landed properties to the petitioner comprised in Survey No.18/4A situated at Ramasamiapuram Village, Kadaiyanallur Taluk, Tenkasi District and on necessity the said property be acquired for the purpose of road laying by following the due process of law after payment of compensation to the petitioner at the prevailing market rate price, based on the representation dated 05.04.2022 to the respondents.

For Petitioner : Mr.P.Krishnasamy For R2 to R4 : Mr.P.Thilak Kumar, Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE]

Mr.P.Thilak Kumar, states the petition will be considered as a representation and the concerned authorities would examine the ground realities and pass necessary orders in accordance with law.

2. The statement is accepted as an undertaking to this Court.

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

Page 2 of 5

W.P.(MD) No.10240 of 2022

3. Respondents are directed to give notice to petitioner and to

petitioner in W.P.(MD)No.28675 of 2023 as well as any other person claiming right, while conducting a survey. Thereafter, orders shall be passed after affording an opportunity of personal hearing to the parties concerned. The order to be passed shall be a reasoned order.

4. Writ Petition stands disposed of in terms of above findings. There

shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

[K.R.SHRIRAM., C.J.] & [V.LAKSHMINARAYANAN , J.]

14.02.2025

NCC : Yes / No Index : Yes / No MR

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

Page 3 of 5

W.P.(MD) No.10240 of 2022

To

1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

3.The Block Development Officer, (Village Panchayat), Vasudevanallur Panchayat Union, Tenkasi District.

4.The President,

Ramasamiyapuram Village Panchayat, Kadayanallur Taluk,

Tenkasi District.

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

Page 4 of 5

W.P.(MD) No.10240 of 2022

THE HON'BLE CHIEF JUSTICE

and V.LAKSHMINARAYANAN, J.

MR

W.P.(MD) No.10240 of 2022

14.02.2025

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