R. CHERAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed challenging the Land Acquisition Notification dt. 26.12.2018, issued by the 2 nd respondent under section 15(2) of the Tamil Nadu Highways Act, 2001 (hereinafter called as the Act ).

(2.) The petitioner is the owner of the property in S.No.121/2D, measuring about acre 0.10 ? at Chithiraisavadi Village, Cuddalore District, wherein, the petitioner has also constructed a house property. The petitioner is also the owner of the land in S.No.120/4C1A1, measuring an extent of 2332 1/2 sq. feet in Kanisampakkam Village, Cuddalore District. Insofar as the first property is concerned, the Patta is in the individual name of the petitioner and for the second property, the petitioner is holding a joint Patta along with other landowners in the same survey number.

(3.) The second respondent issued the Impugned Notification dt. 26.12.2018, under Section 15(2) of the Act, notifying various survey numbers and it included the property belonging to the petitioner also. Immediately after the notification was published, a notice was also issued individually to the petitioner dt.07.01.2019, by the 2nd respondent. The petitioner submitted his objections on 08.01.2019. The main crux of the objection was that this is the only property possessed by the petitioner and he has no other house property and he requested the respondents to reroute the laying of the Highways by exempting the property belonging to the petitioner. The objections given by the petitioner was placed before the requisitioning body and their views were also taken in writing.