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2012 DIGILAW 3834 (MAD)

D. Srinivasan v. State of Tamilnadu Rep by its Secretary, Highways Department

2012-09-06

V.DHANAPALAN

body2012
Judgment :- 1. Heard Mr.S.Parthasarathy, learned Senior Counsel appearing for the petitioner and Ms.V.M.Velumani, learned Special Government Pleader appearing for the respondents. 2. The petitioner has prayed for a mandamus, forbearing the respondents, their agents, subordinates and men from evicting him from peaceful possession of his property in Survey No.62/3 in No.89, Veppampattu Village, Thiruvallur District without adhering to the due process of law by considering his representation dated 26.08.2012. 3. According to the petitioner, he is residing with his family in Dunlop Nagar, Veppampattu Village for several years and is in possession of the property since from the date of purchase under valid Sale Deed by Document No.3193 of 1995, dated 10.05.1995 duly registered with Sub-Registrar, Thiruvallur. He claims that he is paying necessary taxes like House Tax, Water Tax, etc in a regular manner. He would submit that the plan for the project proposing construction of Railway Over Bridge on the existing level crossing at LC 14 situated between Thiruninravur-Thiruvallur Railway Stations has been finalized by the Expert Committee in the year 2010 and after duly issuing notification under Section 15(2) of the Tamil Nadu Highways (HN-2) Act, 2001 and hearing objections, the construction work was started and now 75% of the construction work has been completed. While that being the position, the respondents are now making an attempt to evict the petitioner from his possession without following due process of law. Hence, the present Writ Petition has been filed for the relief as stated above. 4. Learned Senior Counsel appearing for the petitioner consistently pleaded that the petitioner is in lawful occupation of his lands and therefore, he cannot be evicted without following due process of law. In this regard, the petitioner has already submitted a representation to the first respondent, who is the competent authority to look into his grievance and pending consideration of the same, it is not proper for the respondents to evict the petitioner. 5. In this regard, the petitioner has already submitted a representation to the first respondent, who is the competent authority to look into his grievance and pending consideration of the same, it is not proper for the respondents to evict the petitioner. 5. Learned Special Government Pleader appearing for the respondents, on going through the various documents annexed in the typed set of papers, submitted that the authorities have followed due process of law as far as the acquisition of the lands for the project is concerned and it is also pleaded that almost, the work has been completed and the apprehension of the petitioner at this stage may not be correct and he has no case to plead before this Court for any interim order. 6. It is seen that the petitioner is the land owner by virtue of the said Sale Deed and he is living in the property in question as claimed by him. It is not in dispute that the project of construction of Railway Over Bridge for Veppampattu Level Crossing LC14 has been started by acquiring lands and land acquisition proceedings have been initiated and proceeded with after following the procedures contemplated under law. It is admitted that about 75% of the work in the said project has been completed. It is not known to this Court as to why the petitioner has come before this Court apprehending certain things to happen as the officials from the office of the respondents visited his place and it is stated that they are attempting to evict them. In this regard, the petitioner has addressed a representation to the first respondent on 26.08.2012 and if that representation is looked into, the grievance of the petitioner would be redressed. 7. In the light o the above facts, learned Senior Counsel appearing for the petitioner pleaded that the petitioner will be satisfied and his grievance would be redressed if his representation is considered in accordance with law. 8. In view of the above submission, this Writ Petition is disposed of, with a direction to the first respondent to consider the petitioner's representation dated 26.08.2012, on merits and in accordance with law, after giving the petitioner an opportunity of hearing and appropriate orders be passed within a period of four weeks from the date of receipt of a copy of this order. Till such time, the petitioner is not to be evicted without following due process of law. No costs. Consequently, connected M.P.No.1 of 2012 is closed.