High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. MANIKUMAR, J.
Jayaraman & Others
Versus
State of Tamilnadu, Rep. by its Secretary & Others
W.P.No. 1109 of 2014 & M.P.Nos. 1,2 and 4 of 2014
Decided on: 21-02-2014
1. The impugned notification, dated 04.01.2014, reads as follows:
GOVERNMENT OF TAMIL NADU
HIGHWAYS DEPARTMENT
District Collectorate, Villupuram.
ROAD SECTOR PROJECT
REVISED NOTICE – FORM-B (See Rule)
PUBLIC NOTICE UNDER SUB-SECTION (2) OF SECTION 15 OF THE TAMIL NADU HIGHWAYS ACT 2001 (TAMIL NADU ACT 34/2002)
A notification u/s.15(2) of the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34/2002) has already been published in the Tamil Daily "Dhinathanthi" and English daily "Deccan Chronicle" dated 12.01.2010 relating to Acquisition of the following lands comprised in Tindivanam Town Ward-B Block 2, 14.27 in Vilupuram District, whereas there were certain Omissions in the above notification a revised fresh notification is hereby issued under Section 15(2) of the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34/2001) that the land/lands specified in the Schedule and situated in the village of Tindivanam Town in Tindivanam Taluk in the District Villupuram are required for the purpose of (L.C.No.93 at Railway km 124/2-3 in between Olakkur-Tindivanam Railway station) All persons interested in the land/land is are accordingly 'required to lodge before the District Revenue Officer, Villupuram within 30 (thirty) days from the date of publication of this notice, a statement in writing their objections, if any, to the acquisition of the said lands.
Any objection/statement which is received after the due date or which does not clearly explain the nature of the sender's interest in the land is liable to be summarily rejected. Objections received within the due date, if any will be enquired into on 07.02.2014 at 11.00 A.M., at Collector's Officer, Villupuram, when the objector will be at liberty to appear in person or by person or persons authorised by him or them in this behalf or by a pleader and to adduce any oral or documentary evidence in support of their objections.
SCHEDULE
Name of the District: Villupuram Taluk: Tindivanam Village: Tindivanam Town
Ward-B
Sl.No Block Town Survey No. Old Survey No. Total Extent Classification Sub-Division made for land acquisitionTown Extent Survey No. in Sqm. As per S.L.R. Name of pattadars Details of Trees and structures situated in
8 14 41 156/7 03950 Wet 41/2 01506 1.Jayaraman, S/o.Ravanappan2.Dulasiammal, W/o.Jayaraman
3.Gopalakrishnan S/o.Jayaraman Compound Wall, Car shed, kalam, well-2, Rice Mill Buildings, Residence Cement sheet Godown 2- Coconut tree, 1 – Vembu tree 8 Teak Trees, 2 -Poovarsu, 1-Othiyatree 1-Katupoovarsu
2. Short facts, leading to the present writ petition, are as follows:
(i) Lands situate at Villupuram District, Tindivanam Taluk, Ward B, Block No.14, T.S.No.41, Old S.No.156/7, measuring 03950 sq.m were sought to be acquired by the respondents under the impugned notification. The above lands, along with other lands were originally allotted to petitioners' share by virtue of a partition of the ancestral properties, and that the same was further partitioned among the petitioners' family members, vide partition deed, dated 22.08.2008 in Doc.No.1661/2008, on the file of SRO II, Tindivanam, wherein, the above mentioned property situate at Villupuram District, Tindivanam Taluk, Ward B, Block No.14, T.S.No.41, Old S.No.156/7, measuring 03950 sq.m, was allotted to petitioners' share. In the above mentioned property, besides the petitioners' residential house, petitioners have constructed a modern rice mill, wherein, they have employed more than 50 employees, in the above mentioned modern rice mill, operating in the name and style "M/s.Adhilakshmi Modern Rice Mill". The petitioners are the absolute owners of the above mentioned property and that they are in peaceful possession and enjoyment of the property. The factum of their ownership of the above mentioned property is not in dispute, as the respondents herein, had acknowledged the same, in the above mentioned impugned notification.
(ii) The District Collector, Villupuram District, 2nd respondent herein, has issued the impugned notificatio
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