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M.Bilal vs. The District Collector

Final Order
Court:Madras, High Court
Judge:Hon'ble Honourable Mr.Justice V. Lakshminarayanan
Case Status:Disposed
Order Date:26 May 2023
CNR:HCMA010937072023

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Honourable Mr.Justice V. Lakshminarayanan

Listed On:

26 May 2023

Order Text

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.05.2023

CORAM:

THE HON'BLE MR. JUSTICE V. LAKSHMINARAYANAN

W.P.No.16337 of 2023 and W.M.P.No.15714 of 2023

M.Bilal Petitioner

vs

    1. The District Collector, Krishnagiri District, Krishnagiri.
    1. The Land Acquisition Officer/ The Revenue Divisional Officer, Krishnagiri.
    1. The Special Tahsildar, Ennekol Dam Right & Left Irrigation Canal, Krishnagiri.
    1. The Assistant Engineer (PWD Department), Krishnagiri, Krishnagiri District. Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents to acquire the petitioner's land in Survey No.93/2D2 measuring about 92 cents at

1/4

W.P. No.16337 of 2023

Somanathapuram Village, Krishnagiri District which was not notified by the respondent in his notification dated 15.10.2020.

For Petitioner Mr.R.Sankarasubbu

For Respondents Mr. U.Bharanidharan Additional Government Pleader

O R D E R

This writ petition has been filed to forbear the respondents from acquiring the petitioner's land in Survey No.93/2D2 admeasuring 92 cents at Somanathapuram Village, Krishnagiri District.

  1. Heard the learned counsel for the petitioner and Mr.U.Bharanidharan, learned Additional Government Pleader, who accepted notice for the respondents.

  2. It is seen that the property of the petitioner has not been notified for acquisition nor has the petitioner been invited to participate in the private negotiation.

  3. Mr.U.Bharanidharan, learned Additional Government Pleader 2/4

would submit that the process of notification under the Land Acquisition Act is underway. He has also produced the written instructions from the Executive Engineer, WRD, Upper, Pennaiyar Basin Division, Dharmapuri.

  1. Considering the above submissions and recording the stated position of the respondents, this writ petition is disposed of directing the respondents not to interfere with the possession of the petitioner till the acquisition proceedings are initiated in a manner known to law or till they come to a concluded settlement with the petitioner by way of a private negotiation. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

26.05.2023

gpa/ms

W.P. No.16337 of 2023

V. LAKSHMINARAYANAN, J.

gpa/ms

To

    1. The District Collector, Krishnagiri District, Krishnagiri.
    1. The Land Acquisition Officer/ The Revenue Divisional Officer, Krishnagiri.
    1. The Special Tahsildar, Ennekol Dam Right & Left Irrigation Canal, Krishnagiri.
    1. The Assistant Engineer (PWD Department), Krishnagiri, Krishnagiri District.

W.P. No.16337 of 2023 and W.M.P.No.15714 of 2023

26.05.2023

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