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2025 Supreme(Online)(Mad) 55655
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Paramasivam – Appellant
Versus
The Assistant Engineer (Highways) Office, Construction and Maintenance, Chennai Corporation Road Division – III – Respondent
W.P. No.8370 of 2020 | W.M.P.No.10055 of 2020
For the Appellants/Petitioners: Mr.Muthukumar for M/s.Paul and Paul
For the Respondent:Mr.A.M.Ayyadurai Government Advocate
Court upheld the legality of property acquisition, confirming the petitioners are not owners post-acquisition and dismissing their appeal.
Headnote:The petitioners, owners of property acquired for road extension by the Highways Department, petitioned for consideration of their representation and to restrain respondents from coercive actions. The court found the petition maintainable, noting proper acquisition procedures and the petitioners' failure to vacate as ordered under Section 28(2)(ii) of the Tamil Nadu Highways Act, leading to dismissal of the petition. The court framed the issue: whether the petitioners are the owners of the land post-acquisition, ultimately ruling the petition dismissed.
| Table of Content |
|---|
| 1. validity of petitions regarding land acquisition. (Para 1 , 2 , 3) |
| 2. court's determination regarding property ownership. (Para 4) |
Construction and Maintenance, Chennai Corporation Road Sub Division, Chennai – 600 015. ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India, for issuance of Writ of Mandamus directing the first respondent to consider the petitioners' representation dated 04.06.2020 after affording an opportunity to them to produce all necessary documents with relates to the property and consequently restraining the respondents from taking any coercive action in respect of Petitioners land in Survey No.16/2 situated at 4, Senthil Nagar, 15th Cross Street, Chennai pursuant to an order of the first respondent dated 01.06.2020 till the final order has been passed under Section 28 (2) (ii) of the Tamil Nadu Highways Act, 2001 and pass orders.
For Petitioners : Mr.Muthukumar for M/s.Paul and Paul For Respondent : Mr.A.M.Ayyadurai Government Advocate
ORDER
This Writ Petition has been filed to direct the first respondent to consider the petitioners' representation dated 04.06.2020 after affording an opportunity to them to produce all necessary documents with relates to the property and consequently restraining the respondents from taking any coercive action in respect of Petitioners land in Survey No.16/2 situated at 4, Senthil Nagar, 15th Cross Street, Chennai pursuant to an order of the first respondent dated 01.06.2020 till the final order has been passed under Section 28 (2) (ii) of the Tamil Nadu Highways Act, 2001 .
2. The learned counsel for the petitioners submitted that the petitioners are the owner of the property. The property acquired by the Highways Department for extension of the road. Aggrieved by the same, the petitioners made a representation dated 04.06.2020 to the respondents. The respondents had not initiated any action, till date. Hence, the Writ Petition has been filed for the above said relief.
3. The learned Government Advocate appearing for the respondents submitted that the order has been passed by the first respondent dated 01.06.2020, as per Section 28 (2) (11) of Tamil Nadu Highways Act, 2001 by directing the petitioner to remove the encroachment and vacate the premises within a period of seven days. But they had not done so.
4. Considering the facts and circumstances of this case and on perusal of the records, it is found that the Highways Department acquired the land after following necessary procedure and after acquisition, the petitioner is residing in the very same residence. As against which, the respondents issued notice under Section 28 (2) (11) of Tamil Nadu Highways Act, 2001 . Hence, the prayer sought in this Writ Petition is not maintainable since the land already acquired by the Highways Department and the petitioner is not a owner of the property.
