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2022 DIGILAW 2587 (MAD)

R. Gunasekaran v. Competent Authority & Special District Revenue Officer (LA), Kanchipuram

2022-08-08

M.DHANDAPANI

body2022
JUDGMENT (Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to forbear the respondents from in any way acquiring / taking possession of the subject land without paying fair, adequate and reasonable compensation for the petitioner land and building situated in Door No.2/166, Bajanai Koil Street, Thandalam Village, Sriperumputhur Taluk, Kanchipuram District. PIN:602105, comprised in old Survey No.64/3 Part and new Survey No.310/31A2, which is an extent of 167 square meter land, bounded on North by V.Sudhakar House, South by NH, East by R.Kumar house and West by P.Karunakaran house and drop all further proceedings by considering the petitioner representation dated 13.06.2022.) 1. The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to forbear the respondents from acquiring the subject land and building, bearing Door No.2/166, Bajanai Koil Street, Thandalam Village, Sriperumputhur Taluk, comprised in old Survey No.64/3 Part and new Survey No.310/31A2, measuring an extent of 167 sq.mtr., without paying fair compensation to the petitioner. 2. The case of the petitioner is that, the subject property is an ancestral property and the same was devolved upon the petitioner. The respondents, vide earlier notification have acquired a portion of petitioner's land to an extent of 130 Sq.mtrs, for the public purpose, after payment of meagre compensation amount. Whileso, the respondents have decided to acquire the remaining portion of the petitioner's land, for the purpose of widening from 4 lane to 6 lane, that too, without issuing proper notice to the petitioner. Aggrieved by the same, the petitioner made a detailed representation dated 13.06.2022 before the 1st respondent, seeking to remove the petitioner's land from the subsequent acquisition proceedings initiated by the respondents. However, till date, no orders have been passed on the same and hence, this Writ petition. 3. Though very many grounds have been raised, learned counsel for the petitioner submits that, it would suffice if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 13.06.2022 and pass orders on the same as early as possible. 4. Learned Standing counsel appearing on behalf of the 3rd respondent submitted that, already the petitioner's land was acquired in the year 2006 itself and award was also passed. 4. Learned Standing counsel appearing on behalf of the 3rd respondent submitted that, already the petitioner's land was acquired in the year 2006 itself and award was also passed. While so, without challenging the said acquisition proceedings, filing the present Writ petition, seeking for mere direction to forbear the respondents from acquiring the subject land is not sustainable. Hence, he prayed for dismissal of this Writ petition. 5. On the above said contentions, heard the Learned Additional Government Pleader. 6. Though very many grounds have been raised by learned counsel on either side at the time of arguments, however, this Court without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 13.06.2022 on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner as well as the 3rd respondent / the requisitioning body. 7. This Writ petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous petition is closed.