Madras High Court
Rabi Venkatesan vs The District Collector on 12 April, 2022
WP No.34469 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2022
CORAM:
THE HON'BLE MR. JUSTICE M.DHANDAPANI
W.P. No.34469 of 2014
and
MP No.1 of 2014
1. Rabi Venkatesan
2. Venkatesan
3. Aarathi Venkatesan
4. Sithartha Venkatesan
5. Venkatesh Exports (P) Ltd.,
rep. By its Managing Director
Rabi Venkatesan
6. Venkatesh Enterprises
Rep. By its partner
Rabi Venkatesan ... Petitioners
Versus
1. The District Collector,
Tiruvallur District,
Tiruvallur.
2. Government of Tamil Nadu,
Rep. By its Secretary,
School Education Department,
Secretariat,
Chennai – 600 009.
3. Director of School Education,
Directorate of School Education,
DPI Campus,
Chennai – 600 006.
https://www.mhc.tn.gov.in/judis
1/6
WP No.34469 of 2014
4. Head Master,
Government High Secondary School,
Kathivakkam,
Madhavaram Taluk,
Thiruvallur District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India to
issue Writ of Mandamus, directing the respondents 1 to 4 not to interfere
with peaceful possession and enjoyment of the subject property at Survey
No.13/1 to extent of 1.50 acres Kathivakkam Village Thiruvallur District
in the line of Judgment passed in W.A. 835 of 2014.
For Petitioners : Mr.Abudukumar Rajaratnam
for G. Krishnakumar
For Respondents : Mr.R.. Murugan Raja
Govt. Advocate
ORDER
This writ petition has been filed for a direction to the respondents 1
to 4 not to interfere with peaceful possession and enjoyment of the
subject property at Survey No.13/1 to an extent of 1.50 acres
Kathivakkam Village Thiruvallur District in the line of Judgment passed
in W.A. 835 of 2014.
2. The case of the petitioners is that the subject land was purchased
by them and they are in absolute possession of the said land.
Subsequently, their lands were acquired under the Land Acquisition Act,
1894 after issuance and publication of 4(1) Notification as well as
https://www.mhc.tn.gov.in/judis
WP No.34469 of 2014
Section 6 Declaration and in this regard G.O. Ms. No.1333, Education
Department dated 24.09.1990 was also issued. Challenging the said
acquisition proceedings, writ petition has been filed in W.P. No.19066 of
1993 and the same was dismissed by this Court on 17.11.2000, which
was confirmed in Writ Appeal No.2526 of 2001 on 01.04.2004.
Thereafter, petitioners filed various Writ Petitions in the year 2004 in
W.P. No.26361 of 2004, in the year 2011 in W.P. No.3989 of 2011 and
lastly in the year 2013 in W.P. No.29240 of 2013 seeking different
prayers. Subsequent to dismissal of W.P. No.29240 of 2013, Writ Appeal
in W.A. No.835 of 2014 has also been filed, which was allowed by this
Court and thereby, initial notification issued in G.O. Ms. No.1333,
Education department dated 24.09.1990 has been quashed. That being
the position, though the 4th respondent having knowledge of quashment of
entire land acquisition proceedings and further without any authority is
trying to interfere with the peaceful possession and enjoyment of the
petitioner's property. Hence, this writ petition has been filed seeking for
appropriate orders.
3. Learned counsel for the petitioners submitted that owing to
struggle undergone by the petitioners and despite quashment of
acquisition proceedings by this Court in W.A. No.835 of 2014, that too
https://www.mhc.tn.gov.in/judis
WP No.34469 of 2014
without even paying or depositing the compensation amount either to the
petitioners or before the competent Court, the respondents are trying to
interfere with the possession and enjoyment of the property is illegal and
unsustainable. He further submits that this Court may issue appropriate
orders to the respondents that the petitioners may not be evicted from
their property without following due process of law.
4. Replying to the contention raised by the learned counsel for the
petitioners, learned Government Advocate appearing for the respondents,
on instructions submitted that the lands belonging to the petitioners will
not be acquired without following due process of law and he has no
objection for issuance of appropriate direction.
5. Recording the submission made by the learned Government
Advocate, this writ petition is disposed of by directing the respondents
not to evict the petitioners from their property without following due
process of law. Accordingly, this writ petition is disposed of with the
aforesaid direction. No costs. Consequently, connected miscellaneous
petition is closed.
12.04.2022
Internet: Yes/No
Speaking Order/Non-Speaking Order
vsi2
https://www.mhc.tn.gov.in/judis
WP No.34469 of 2014
To
1. The District Collector,
Tiruvallur District,
Tiruvallur.
2. The Secretary,
Government of Tamil Nadu,
School Education Department,
Secretariat,
Chennai – 600 009.
3. Director of School Education,
Directorate of School Education,
DPI Campus,
Chennai – 600 006.
4. Head Master,
Government High Secondary School,
Kathivakkam,
Madhavaram Taluk,
Thiruvallur District.
https://www.mhc.tn.gov.in/judis
WP No.34469 of 2014
M.DHANDAPANI, J.
vsi2
W.P. No.34469 of 2014
12.04.2022
https://www.mhc.tn.gov.in/judis
