S.Thangaiah v. The District Collector

O R D E R This writ petition has been filed for the issue of a writ of mandamus directing the respondents to restore possession of the properties belonging to the petitioner or in the alternative to pay the compensation to the petitioner at the prevailing market value by considering the representation made by the petitioner on 25.07.2020.

2.The case of the petitioner is that the subject property were purchased by him through registered sale deed dated 22.08.2002. Thereafter, patta was also transferred in his name. The grievance of the petitioner is that the highways department while laying the road, encroached upon the properties belonging to the petitioner in spite of the objections raised by the petitioner. The petitioner therefore, made a representation to the respondents to restore possession of the property or in the alternative to pay compensation. Since the same was not considered, the present writ petition has been filed for appropriate direction.

¶3When the matter was taken up for hearing on 04.10.2023, this Court passed the following order: "This writ petition has been filed for a direction to the respondents to restore the possession of the subject property or in the alternative to pay the compensation to the petitioner based on the representation made by the petitioner on 25.07.2020.

2.The learned Additional Government Pleader, on oral instructions, submitted that the property belonging to the petitioner was not acquired. However, the learned counsel for the petitioner wants to get written instructions in this regard. Post on 11.10.2023."

4.When the matter was taken up for hearing today, the learned Additional Government Pleader circulated the report of the Village Administrative Officer and the Surveyor dated 09.10.2023. On carefully going through the report, it is seen that a total extent of 0.01.13 Ares has been taken away by the highways department while laying the road. For proper appreciation, the report is extracted hereunder: "kJiu khtl;lk; kJiu fpof;F tl;lk; rf;fpkq;fyk; Fwtl;lk; tz;bA+h; gpl; - 2 fpuhk Gy vz; 91/7B, 91/8A y; khz;gik nrd;id cah;ePjpkd;w kJiu fpis ePjpg;Nguhiz cj;juT WP(MD) No.9072/2020 d; gb kDjhuh; jq;ifah vd;gth; jdJ gl;lh ,lj;jpypUe;J rhiyf;fhf

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tof;F njhlh;e;Js;shh;. ,J njhlh;ghf GykhdJ Gyj;jzpf;if Nkw;nfhz;L msTg;gzp nra;ag;gl;L GykhdJ msf;fg;gl;lJ. Nkw;gb epfo;it fpuhkeph;thf mYtyh;> fpuhk mYtyf cjtpahsh; kw;Wk; kJuhhh; jq;ifah mth;fSk; mwpe;J nfhz;ldh;. Kdjhhhpd; gj;jpu vz; 1807/2022 Ma;T nra;j NghJ Gy vz; 91/7B> 8A Gyj;jzpf;if nra;ag;gl;L G+kpapy; msitg;gzp Nkw;nfhz;ljpy; tz;bapypUe;J tpufDhh; rhiyf;Fr; nry;Yk; Nuhl;bw;fhf kDjhuhpd; gl;lh epyj;jpypUe;J epyq;fs; vLf;fg;gl;Ls;sJ. MjhtJ Gy vz; 91/7BapypUe;J epyq;fs; vLf;fggl;Ls;sJ. mjhtJ Gyvz; 91/7BapypUe;J 0.0049 r.kP kw;Wk; 91/8BapypUe;J 0.0063 r.kP vd Mf nkhj;jk; 0.01.13 Vh;]; rhiyf;fhf vLf;fg;gl;lJ fz;lwpag;gl;Ls;sJ. Nkw;gb nrhd;d fhuzq;fis ftdkhf ghprPyid nra;jjpy; kDjhuhpd; gl;lh epyj;jpypUe;J rhiyf;fhf 0.01.13 Vh;]; vLf;fg;gl;Ls;sJ vd;w tptuj;ij gzpTld; njhptpj;Jf; nfhs;fpd;Nwd;." Along with the above report, the FMB sketch has also been annexed.

¶5It is clear from the above report that the 5th respondent and 6th respondent at the time of laying the road had encroached upon 0.01.13 ares of property belonging to the petitioner.

¶6In view of the above, there shall be a direction to the 5th and 6th respondents to consider the representation made by the petitioner on

25.07.2020. The 5th respondent and 6th respondent will have to either remove the encroachment that has been made on the property belonging to the petitioner to an extent of 0.01.13 ares in S.Nos.91/7 and 91/8B or in the alternative, the 5th and 6th respondents will have to pay compensation to the petitioner on the basis of the market value prevailing. This decision shall be taken by the 5th and 6th respondents within a period of four months from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 5th and 6th respondents along with a copy of this order.

¶7This writ petition is disposed of in the above terms. No costs. Consequently connected Miscellaneous Petition is closed.

11.10.2023 NCC :Yes/No Index :Yes/No RR To

¶1The District Collector, Collectorate, Madurai District.

¶2The Revenue Divisional Offic, Er, Melur Revenu Divisional Office, Camp at Y.Othakadai, Madurai District.

¶3The Tahsildar, Madurai East Taluk, Narasingam, Y. Othakadai, Madurai District.

¶4The Assistant Executive Engi, Neer(Pwd), Periyar Vaigai Canal Sub Division-2, Tallakulam, Madurai-625 002..

¶5The Divisional Engineer, National Highways Besant Road, Chinnachokkikulam, Madurai..

¶6The Superintending Engineer, National Highways, Besant Road, Chinnachokkikulam, Madurai-625 002..

N.ANAND VENKATESH, J. RR W.P.(MD)No.9072

of 2020

11.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.10.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.9072 of 2021 and WMP(MD) No.8291 of 2021 S.Thangaiah, ... Petitioner Vs 1. The District Collector, Collectorate, Madurai District. 2. The Revenue Divisional Offic, Er, Melur Revenu Divisional Office, Camp at Y.Othakadai, Madurai District. 3. The Tahsildar, Madurai East Taluk, Narasingam, Y. Othakadai, Madurai District. 4. The Assistant Executive Engi, Neer(Pwd), Periyar Vaigai Canal Sub Division-2, Tallakulam, Madurai-625 002.. 5. The Divisional Engineer, National Highways Besant Road, Chinnachokkikulam, Madurai.. 6. The Superintending Engineer, National Highways, Besant Road, Chinnachokkikulam, Madurai-625 002 ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to restore possession of the illegally acquired two landed properties to the Principal of the petitioner comprised in Re-survey no.239/7, U.D.R.Survey No.91/7-B130/4B with an extent of 6 1/2 cents and in Re-Survey No.239/8, U.D.R.Survey No.91/8 with an extent of 15 cents, aggregating 21 1/2 cents, bearing the Patta No.1153 situated at Vandiyur bit II village, Madurai East Tk, Madurai Dt and on necessity the said property be acquired for the purpose of road laying following the due process of law after payment of compensation to the petitioner at the prevailing market rate price based on his representation dated 25.07.2020 to the respondents. For Petitioner :Mr.K.Pandiarajan For Respondents :Mr.R.Ragavendran Additional Government Pleader