VEEYEL ENTERPRISES Vs. STATE OF TAMIL NADU; DISTRICT COLLECTOR; TAMIL NADU ROAD DEVELOPMENT COMPANY LTD

JUDGEMENT

(1.) The petitioner is a partnership firm engaged in Engineering Contractor and R.C.C. Spun Pipe Manufacturers and it is a small scale industry and they are having company comprised in Survey No.13/3A, new sub divided Survey No.13/3A2, situated at Village No.48, Varadharajapuram Village measuring to an extend of 7250 sq. mtrs at No.13/3, Trunk Road, Nazarethpet, Poonamallee, Chennai-600 123. The Government, for the purpose of forming four lining of NH-4, Chennai - Bangalore Highway, has acquired a portion of the petitioner's property. By virtue of G.O.(Ms).No.224, Highways & Minor Ports (HN2) Department, dated 31.12.2013, which came to be published in the Tamil Nadu Government Gazette on 29.01.2014, the Government issued a notification under Section 15(1) of the Tamil Nadu Highways Act. The consequential proceedings were subject matter of litigation in W.P.Nos.8171 and 8527 of 2014. The writ petitions were dismissed by the learned Single Judge of this Court on 23.09.2014. Against the order of dismissal, appeals were filed in W.A.Nos.1462 and 1463 of 2014 before this Court on 06.11.2014. The writ appeals were dismissed by the Division Bench of this Court on 22.06.2015. Now, the matter is pending before the Hon'ble Supreme Court and no stay order has been obtained. In the meanwhile, the respondents trespassed into the property of the petitioner on 08.07.2015 and therefore a police complaint has been filed against the officials of the respondents and the petitioner filed the present writ petition to restrain the respondents from dispossessing the petitioner from their property viz., comprised in Survey No.13/3A, new sub divided Survey No.13/3A2, situated at Village No.48, Varadharajapuram Village measuring to an extend of 7250 sq. mtrs at No.13/3, Trunk Road, Nazarethpet, Poonamallee, Chennai-600 123.

(2.) Mr.Venkatachalapathy, the learned Senior Counsel appearing for the petitioner would submit that the Special Tahsildar(LA) has issued a notice dated 06.02.2014 under Section 16(2) of the Tamil Nadu Highways Act,2001, calling upon the petitioner to handover the possession. According to him, the said notice is not valid, as no fresh notice was issued after the dismissal of the writ petitions. Secondly, the notice was issued by the incompetent officer, namely, the Special Tahsildar, Chennai Outer Ring Road, Poonamallee at Nazarethpettai. He would relay upon GO.Ms.No.199, Highways and Minor Ports (HN-2), Department dated 04.12.2012 and contend that only RDO is the authorised person to perform the function of the Land Acquisition Officer/District Collector under the Tamil Nadu Highways Act,2001 and therefore the notice issued on 06.02.2014 under Section 16(2) of the Tamil Nadu Highways Act,2001 is not sustainable. He would further submit that even in the said notice dated 06.02.2014, the said G.O.Ms.No.199, Highways and Minor Ports (HN-2), Department dated 04.12.2012, alone has been referred and in that event they should have followed the said G.O. Therefore, as per the said letter dated 06.02.2014, the respondents cannot take possession.

(3.) On the other hand, Mr.V.Jayaprakash Narayanan, the learned Special Government Pleader, appearing for respondents 1 to 4 and Mr.M.Sivavarthanan, the learned counsel appearing for 5th respondent would submit that already proceedings under Section 15(1) of the Tamil Nadu Highways Act, have been concluded and only possession has to be taken. Hence, as per the G.O.Ms.No.43, Highways(HF1) Department dated 23.02.2005, the Special Tahsildar has been authorised to take possession under Section 16(2) of the Tamil Nadu Highways Act,2001. Therefore, the notice dated 06.02.2014 has been rightly issued. The learned Special Government Pleader also produced the sketch showing the location of the petitioner's property, which was acquired for the purpose of constructing interchange to connect the outer ring road to NH-4. Almost the entire road work has been completed and only interchange could not be completed because of non-possession of petitioner's property. Due to non-completion of the intersection, the NH-4 cannot be connected to Chennai Outer Ring Road and the vehicles cannot enter into Chennai Outer Ring Road and they are constrained to use the outer ring road, which causes traffic congestion and other unnecessary problems in the city.