S. Kannan vs The District Revenue Officer, Theni District, Theni and Others

Honourable Mr. Justice K. Ravichandra Baabu, J.—Mr. B. Jameel Arasu, learned Special Government Pleader, takes notice for the respondents. By consent, the Writ Petition itself is taken up for final disposal. The prayer in this Writ Petition is seeking for a Mandamus, forbearing the respondents from in anyway entering into his property for taking measurements, marking area and for installing pillars for the purpose of laying road or any other purpose, without initiating the procedures contemplated under the Land Acquisition Act.

The case of the petitioner is that an extent of 3 acres and 21 cents situated at Survey No. 190 of Karuvelanayakanpatti Village, Allinagaram, Theni District, belonged to the petitioner as his absolute private property. The first and second respondents have prepared a development plan for laying Periyakulam Bye-Pass Road and consequently, on 18.12.2012, the respondents entered the said property and took measurements, without any basis or right. Objecting the said action of the respondents, the petitioner made a representation on 18.12.2012. It is represented by the learned counsel appearing for the petitioner that the said representation of the petitioner was not taken into file by the respondents and they refused to accept the same.

On the other hand, the learned Special Government Pleader appearing for the respondents submits that there is no acknowledgment for the said representation given by the petitioner on 18.12.2012. The grievance of the petitioner is that his land, which he claims to be his private patta land, is being subjected to certain actions initiated by the respondents for laying up a Bye-Pass Road, without dealing with the said property in the manner known to law.

If the grievance of the petitioner is that the respondents are proceeding against the petitioner''s land without initiating any acquisition proceedings, it is for him to approach the respondents by way of a fresh representation, within a period of two weeks from the date of receipt of a copy of this order. If any such representation is made by the petitioner, it is for the respondents to consider the same and pass orders on merits and in accordance with law, within a period of four weeks thereafter. It is made clear that this Court is passing this order, without expressing any view on the merits and contention of the petitioner in respect of his claim over the said property. The Writ Petition stands disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. No costs.