Madras High Court
V. Sundar vs The Member Secretary on 26 October, 2021
W.P.No.22851 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM:
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.22851 of 2021
V. Sundar ... Petitioner
Versus
1. The Member Secretary,
Chennai Metropolitan Development Authority,
Thalamuthu Natarajan Building,
No.1, Gandhi Irwin Road, Egmore,
Chennai - 600 008.
2. The Divisional Engineer (H) C & M,
Chennai City Road Division,
Saidapet, Chennai - 600 015.
3. The Land Acquisition Officer/
The Special Tahsildar (L.A.),
Chennai - Unit,
Collectorate, Chennai - 600 001. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus directing the 1st respondent to
consider the petitioner's representation dated 15.09.2021 and to issue
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W.P.No.22851 of 2021
Development Rights Certificate to the petitioner for the acquisition of his
land in S.Nos.332/6 and 332/10 measuring 10 cents Velachery Village,
Chennai acquired for the purpose of formation of Southern Sector of
Inner Ring Road, Velachery to the similarly placed neighboring land
owners Mrs.Vijayalakshmi Narayanan, Mr.T.N.Chandrashekar and
Mr.T.N.Ramakrishnan in D.R.C.No.027/2015 dated 03.07.2015 by
complying/obeying the judgment made in W.P.No.28744 of 2014 dated
30.03.2015 by this Hon'ble Court.
For Petitioner : Mr. S.Sivaraman
For Respondents : Mrs.Malarvizhi Udhayakumar
Standing Counsel for R1
Mr. V.Veluchamy
Government Advocate for R3
ORDER
The relief sought in this Writ Petition is to issue a Writ of
Mandamus, to direct the 1st respondent to consider the petitioner's
representation dated 15.09.2021 and issue Development Rights
Certificate to him, for the acquisition of his lands measuring 10 cents
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W.P.No.22851 of 2021
situated in Survey No.332/4 and 332/6, Velachery Village, Chennai, for
the purpose of formation of Southern Sector of Inner Ring Road,
Velachery, Phase-I in lieu of compensation, as issued to the similarly
placed neighbouring Land Owners viz., Vijayalakshmi Narayanan,
T.N.Chandrashekar and T.N.Ramakrishnan in D.R.C.No.1/2010 dated
03.07.2015, pursuant to the order of this Court dated 30.03.2015 in
W.P.No.28744 of 2014.
2. It is the case of the petitioner that he is the owner of the land
comprised in S.Nos.332/1 and 332/2, R.S.No.332/6, 332/10 and 332/2D
as per Patta No.4951 New T.S.No.332/3, measuring to an extent of
(13916) sq.ft. situated at Velachery Village, Mambalam-Guindy Taluk,
Chennai, through sale deed bearing Doc.No.1204 of 1985 dated
28.06.1985. From the date of purchase, he has been in possession and
enjoyment of the same. While so, the third respondent after following
due formalities, acquired an extent of 10 cents from the petitioner's land
for the purpose of formation of Southern Sector of Inner Ring Road,
Velachery Phase I. Thereafter, the District Collector passed an Award
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W.P.No.22851 of 2021
bearing No.01/2010 dated 31.08.2010, fixing compensation for the
acquired land belonging to the petitioner and also deposited the same
before the Civil Court under Section 22(3) of the Tamil Nadu Highways
Act, which was not received by the petitioner till date.
3. It is the further case of the petitioner that his neighbouring land
owners viz., Vijayalakshmi Narayanan, T.N.Chandrashekar and
T.N.Ramakrishnan, who are the similarly placed persons like that of the
petitioner and whose lands are also covered in the same Award
No.1/2010, were issued with Development Rights Certificate by the
CMDA in lieu of compensation amount, pursuant to the order of this
Court dated 30.03.2015 in W.P.No.28744 of 2014. Hence, the petitioner
filed IA.No.2 of 2021 to restore LAOP No.105 of 2012 filed by the
Referring Authority, which was closed, for want of service on her. During
the pendency of the said application, she made a representation dated
15.09.2021 to the first respondent with a copy marked to the second
respondent, requesting to issue Development Rights Certificate, in lieu of
compensation awarded for his acquired land. Finding no response on the
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W.P.No.22851 of 2021
said representation, he has come up with this writ petition for the
aforesaid relief.
4. Today, when the matter was taken up for consideration, the
learned counsel for the petitioner submitted that by order dated
20.09.2021 passed by the VI Assistant City Civil Judge, Chennai, the
application filed by the petitioner was allowed and the reference in
LAOP.No.105 of 2012 was reopened for fresh consideration. The learned
counsel further submitted that though the first respondent received the
representation of the petitioner dated 26.03.2021 for the relief as stated in
this writ petition, he did not take any action, till date. Hence, the learned
counsel prayed for appropriate direction to the first respondent in this
regard.
5.On the other hand, the learned counsel appearing for the first
respondent fairly submitted that the first respondent would consider the
representation of the petitioner and pass orders, on merits, within a
reasonable time to be fixed by this Court.
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W.P.No.22851 of 2021
6.Considering the facts and circumstances of the case and having
regard to the submissions made by the learned counsel on either side, this
Court directs the first respondent to consider the representation of the
petitioner dated 15.09.2021 and pass appropriate orders, on merits and in
accordance with law, after affording an opportunity of hearing to the
petitioner, within a period of twelve weeks from the date of receipt of a
copy of this order.
7.This writ petition stands disposed of accordingly. No costs.
26.10.2021
Index: Yes/No
Internet: Yes/No
sp/msm
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W.P.No.22851 of 2021
To
1. The Member Secretary,
Chennai Metropolitan Development Authority,
Thalamuthu Natarajan Building,
No.1, Gandhi Irwin Road, Egmore,
Chennai - 600 008.
2. The Divisional Engineer (H) C & M,
Chennai City Road Division,
Saidapet, Chennai - 600 015.
3. The Land Acquisition Officer/,
The Special Tahsildar (L.A.),
Chennai - Unit,
Collectorate, Chennai - 600 001.
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W.P.No.22851 of 2021
V.BHAVANI SUBBAROYAN, J.
sp/msm
W.P.No.22851 of 2021
26.10.2021
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