Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 2858 (MAD)

P. Arunagiri v. Authorised Officer cum District Revenue Officer

2014-08-25

M.JAICHANDREN, R.MAHADEVAN

body2014
Judgment : R. Mahadevan, J. 1. Heard the learned counsel appearing on behalf of the appellant, as well as the learned counsels appearing on behalf of the respondents. 2. The Writ Appeal has been filed against the order of the learned Single Judge, dated 10.02.2014, made in W.P.(MD).No.8717 of 2008. 3. The petitioner had filed a writ petition in W.P.(MD)No.8717 of 2008 seeking issuance of Writ of Certiorarified Mandamus to call for records made in Notification in Na.Ka.No.678/2007 (Land Acquisition N.H.No.67), dated 12.06.2008, related to acquisition of his lands situated in Survey No.593, at Lakshmina Narayana Samuthiram, issued by the first respondent and quash the same. After hearing both side, the learned Single Judge, by order, dated 10.02.2014, dismissed the said Writ Petition with liberty to the petitioner to approach the appropriate Civil Forum to redress the grievance, if any, in respect of his land. In paragraph 2 of the said order, the learned Single Judge has observed as follows: "2. The main grievance raised by the petitioner is that though notification is issued for acquiring an extent of 1.17 acres in S.No.593 of Andankoil (East) Village of Karur Taluk, what is acquired is S.No.593/B of Lakshmi Narayana Samuthiram Village belonging to the petitioner and the same is acquired without being notified in the notification. The first respondent, in para 4 at pate 3 of the counter, has categorically stated that what is acquired is only 1037 sq. mts of land in S.F.No.593/B of Andankovil (East), Village of Karur Taluk and the land bearing S.F.No.593/B of Lakshmi Narayana Samudram Village was not notified for acquisition. It is further stated therein that subsequent proceedings was taken in respect of land in Andankovil (East) Village. That being the statement made by the Competent Authority, the petitioner has no case to be agitated herein." 4. In the present Writ Appeal also, the third respondent has filed their counter affidavit. Wherein at para 11, they have reiterated the same point that the land in S.No.593, Lakshmi Narayana Samuthiram was not required for formation of NH-67. 5. In view of the above, we find no reason to interfere with the order passed by the learned Single Judge. Hence, the Writ Appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. However, it is open to the appellant to agitate his grievance before the competent Civil Court, if any, in accordance with law.