P.VENKATARAMAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) BOTH the writ petition and the contempt petition were filed by the same petitioner. The writ petition was filed by the petitioner, seeking to challenge an order of the first respondent viz., the State Government dated 22.04.2010 and the consequential notification issued under Section 15(1) of the Tamilnadu Highways Act by the 5th respondent viz., Special Deputy Tahsildar (LA), Tamil Nadu Urban Development Scheme III, Chennai dated 12.04.2010 and after setting aside the same sought for a direction to the respondents to realign the widening of the road over the Patta lands of the petitioner situated at Survey Nos.115 (19 cents) and 116 (39 cents) in the Vadaperumbakkam Village, Ambattur Taluk, Tiruvallur District in consonance with the provisions of the Section 8 of the Tamil Nadu Highways Act, 2001 and Rules 3,4 and 5 of the Tamil Nadu Highways Rules, 2003.

(2.) WHEN the writ petition came up for admission on 13.05.2010, this Court while directing notice to the respondents granted interim stay of dispossession alone for a limited period. On 28.07.2010, interim order was extended until further orders. The writ petition itself came to be admitted on 25.08.2010. The respondents have filed vacate stay application in M.P.No.1 of 2010 together with supporting counter affidavit dated 30.08.2010 filed by the 4th respondent viz., Divisional Engineer, Highways Department.

(3.) THE contempt petition arose out of the order dated 27.11.2009 in W.P.No.21805 of 2009. In that writ petition, the petitioner sought for restrained order against the respondents from aligning the State Highways Road No.111 by trespassing and encroaching the patta lands of the petitioner in Survey Nos.115 and 116, Vadaperumbakkam Village. This Court disposed of the writ petition on 27.11.2009 recording the statement made by the learned Government Advocate appearing for the respondents that the land in question was the patta land of the petitioner and only alignment was being noted by the respondents and they will not disturb the petitioner without following the procedure contemplated under the Tamil Nadu State Highways Act, 2001.