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2014 Supreme(Mad) 513

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. MANIKUMAR, J.
S. Santhosh Kumar
Versus
The Government of Tamil Nadu, represented by its Secretary to Government Highways and Minor Ports Department & Others
W.P. No. 4893 & M.P. No. 1 of 2014
Decided on: 27-02-2014

Advocates Appeared:
For the Petitioner:M/s. T.K.S. Gandhi, Advocate.
For the Respondents: T.N. Rajagopalan, Special Government Pleader.

The main legal point established in the judgment is that possession of acquired land can be taken before the determination of compensation, and the competent authority must determine the compensation amount and take further proceedings for disbursement within a specified time frame.

Headnote:

Writ of Mandamus - Land Acquisition - Tamil Nadu Highways Act, 2001 - Sections 16 to 23 - The court granted interim injunction restraining the respondents from interfering with the petitioner's land for a period of ten days. The petitioner sought only for payment of compensation for the acquired land and did not oppose the acquisition. The court directed the Special Tahsildar to determine the compensation amount and take further proceedings for disbursement within eight weeks. The petitioner was granted three weeks to vacate the subject property.

Fact of the Case:

The petitioner sought a Writ of Mandamus to prevent the respondents from dispossessing him from the lands proposed for acquisition under the Land Acquisition Proceedings for widening of a road.

Finding of the Court:

The court found that the petitioner only sought compensation for the acquired land and did not oppose the acquisition. It granted interim injunction and directed the Special Tahsildar to determine the compensation amount and take further proceedings for disbursement within eight weeks.

Issues: The main issue was the petitioner's claim for compensation for the acquired land and the possession of the land during the compensation determination process.

Ratio Decidendi: The court held that the possession of the acquired land can be taken before the determination of compensation. It directed the Special Tahsildar to determine the compensation amount and take further proceedings for disbursement within eight weeks.

Final Decision: The Writ Petition was disposed of with the direction for the determination and disbursement of compensation, and the petitioner was granted three weeks to vacate the subject property.

Judgment :

1. The petitioner has sought for a Writ of Mandamus, forbearing the respondents, from initiating any action, to disposses him from the lands comprised i.e., in then S.No.509/B1A1, New S.No.1067/13 and 1067/14, measuring an extent of 300 square metres and 160 square metres, respectively, situate at Ekkadu Village, Tiruvallur Taluk, Tiruvallur District.

2. On this day, when the matter came up for hearing, based on the instructions of, Mr.E.Muruganandam, Special Tahsildar (L.A), Tamil Nadu Urban Development Project – III, Poonamallee, Chennai, sixth respondent, present in the Court, Mr.T.N.Rajagopalan, learned Special Government Pleader, submitted that the lands in New S.No.1067/13, is proposed to be acquired under the Land Acquisition Proceedings. He further submitted that the purpose of acquisition is for widening of Singaperumal Koil, Sriperumbudur, Tiruvallur-Redhills Road.

3. Earlier on 20.02.2014, when the matter came up for hearing, this Court, passed the following order:-

"....

2. At page No.54 of the typed set of papers, the petitioner has enclosed a copy of the Gramanatham patta No.635 dated 23.11.2012 in favour of Mr.Sambandam Mudaliar, father of the petitioner. The said patta is stated to have been issued by the Head Quarters Tahsildar, Tiruvallur. Patta issued is in respect of the properties in S.Nos.1067/13 and 1067/14 respectively. Subsequently, the said patta has also been changed in the name of the writ petitioner, by the Zonal Deputy Tahsildar, Tiruvallur on 27.12.2012.

3. As Gramanatham patta is stated to have been issued in respect of the properties in S.Nos.1067/13 and 1067/14, Mr.T.N.Rajagopalan, learned Special Government Pleader, is directed to get instructions as to whether the authorities can make any attempt to take possession of the lands, without due process of law.

4. Considering the apprehension of the petitioner that buildings which exists in the above said Survey Numbers would be demolished, if there is no protection, this Court is inclined to grant interim injunction restraining the respondents from interfering with the petitioner's land comprised in then S.No.509/B1A1, New S.No.1067/13 and 1067/14, situate at Ekkadu Village, Tiruvallur Taluk, Tiruvallur District, for a period of ten days from today.

....

...."

4. Mr.T.N.Rajagopalan, learned Special Government Pleader further submitted that acquisition proceedings have been initiated, taking note of the entries in the Adangal dated 03.08.2010 of Ekkadu Village. This book has taken note of the material on record, at the time of entertaining the Writ Petition. The petitioner has enclosed a copy of the patta, in respect of the properties in S.No.1067/14, at page Nos.54 and 55 enclosed in the typed set of papers. For details, they are extracted hereunder:-

“TAMIL”

5. When the matter came up for hearing, Mr.T.N.Rajagopalan, learned Special Government Pleader invited the attention of this Court, to the representation dated 25.03.2013 sent to the Special Tahsildar (L.A), Tamil Nadu Urban Development Project – III, Poonamallee, Chennai – 56. He further submitted that though the petitioner has sought for a Mandamus, forbearing the respondents, from initiating any action to disposses him, from the lands comprised in S.No.509/B1A1, New S.No.1067/13 and 1067/14, measuring an extent of 300 square metres and 160 square metres, respectively, situate at Ekkadu Village, Tiruvallur Taluk, Tiruvallur District, based on the representation dated 25.03.2013 addressed to the Special Tahsildar (L.A), Tamil Nadu Urban Development Project, Chennai, the petitioner, in the said representation has only sought for payment of compensation for the extent of land, stated supra, falling within the classification 'Natham Poramboke', in S.No.1067/13 Old S.No.509/B1A1. Learned Special Government Pleader also invited the attention of this Court to the specific request of the Writ Petitioner, in the representation dated 25.03.2013, and further submitted that, what was requested by the








































































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