The main legal point established in the judgment is the protection of the property owner's rights during the land acquisition process for public projects.

M. VENUGOPAL, J.

1. Heard the Learned Counsel for the Petitioner and the Learned Special Government Pleader for the Respondents 1 to 4.

2. According to the Petitioner, his father, Mr.Krishnan, was the owner of the property initially and he had purchased the property measuring an extent of 30 cents in Survey No.245/1 in Village No.149, Pallikaranai Village from Kannaiya Naidu by means of a Sale Deed dated 22.05.1959 (Document No.1080 of 1959) and later, patta was issued in his father's name and they had constructed shops to an extent of 6,000/- square feet, in Ground and First floor. His father, expired on 27.03.2016 and as elder son of his family, he is managing the property, after demise of his father.

3. The stand of the Petitioner is that without issuing notice to him, the 2nd Respondent / Assistant Executive Engineer, Highways Department, Building and Maintenance, Tambaram Village, Chennai - 42, is proposing to demolish his property, nearly 50 feet of his property would be demolished for Velachery - Tambaram Highway project. He approached the State High way Authorities and Revenue Authorities after coming to know about the proposal to acquire his property and the authorities had failed to give any particulars with regard to the proposed land acquisition of their property.

In fact, the authorities have informed that they are going to demolish the marked portion on 16.09.2017.

4. At this stage, the Learned Counsel for the Petitioner points out that the 2nd Respondent had already started demolition of the building near his property of the Velachery - Tambaram Main Road and since they are the absolute owner of the property and are in rightful possession and enjoyment of the same by letting out shops to numerous tenants, the 2nd Respondent has no authority to interfere with his peaceful possession and enjoyment of the property.

5. The Learned Counsel for the Petitioner contends that as per Section 15(1) of the Tamilnadu Highways Act, 2001, after issuance of show cause notice to the owner of the property and after conducting enquiry, the Authorities shall proceed with the land acquisition proceedings, but, the Authorities have failed to issue notice to the Petitioner and as such, they had acted against the provisions of the Tamilnadu Highways Act, 2001. In short, the authorities had abused their power and therefore, the Petitioner has filed the present Writ Petition seeking relief of Writ of Mandamus in directing the Respondents not to interfere with the peaceful possession and enjoyment of property to an extent of 30 cents in Survey No.245/1 in Village No.149, Pallikaranai village, Sholinganallur Taluk, Kancheepuram District without adhering to the procedure known to Law.

6. Per contra, it is the submission of the Learned Special Government Pleader for the Respondents that the Government had accorded administrative sanction by virtue of G.O.Ms.No.108 Highways and Minor Ports (H.F.2) Department dated 12.09.2014 for widening of the existing road “Marmalong Bridge – Irumbuliyur” (Velachery - Tambaram Road) from four lane to six lane within 45 meters ‘Right way’, which is prescribed street alignment width for the above road in CMDA Master Plan - II. In fact, as per scheme, necessary Land Plan schedule have been submitted to the 1st Respondent / District Collector, Kancheepuram to acquire the patta lands under the Tamilnadu Highways Act, 2001 and action has been taken to remove encroachment by the authorities concerned.

7. The Learned Counsel for the Respondents brings it to the notice of this Court that at present, action is being taken to demarcate the Highways boundaries and the lands required for widening the patta lands and poramboke lands, and before that joint inspection is to be carried out with land acquisition officer’s staff. Further, action is also being taken to demolish the encroachments in poramboke lands adjoining to the Petitioner's property. Moreover, the encroachments in Government lands adjoining to the Petitio