T . K . RAJENDRAN Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Barring W.P. 4522 of 2012, this batch of 26 petitions are filed by the residents of Radha Nagar Main Road at Kullanchavadi within Pallavaram Municipality, for issuing a writ of Certiorarified Mandamus to quash the notification issued under Sec. 15(1) of the Tamil Nadu Highways Act, 2001. In WP. No.4522 of 2012, the prayer is for quashing a notice under Sec. 16(2) of the same Act.

(2.) The facts on the foundation of which the petitioners have approached this Court have a common thread: The petitioners are the residents of Radha Nagar Main Road and have been living there for several years. Radha Nagar Main Road is a East-West Road, and joins a north-south running Service Road on its western extremity perpendicularly (more like the alphabet 'T', tilted anti-clock wise by ninety degrees). Parallel to the Service Road runs a railway track. To the further east of the railway track runs the GST Road. For crossing the railway track, there is a manual level-crossing which connects the aforesaid Radha Nagar Main road-Service Road and the GST Road. This level crossing is right opposite to Radha Nagar Main Road on the other side of the Service Road.

(3.) The Radha Nagar Main Road is 20 feet wide. While so, the Pallavaram Municipality has passed a resolution for forming a sub-way beneath the railway track having a width of 27 feet. Out of this for a width of 7 1/2 feet a service road is proposed to be formed. Acting on this resolution, the Government had issued publication purported to be under Sec. 15(2) of the Act in the Tamil Daily "Thinathanthi" dated, 04.3.2010, of its proposal to acquire the lands of the petitioner. The extent proposed to be acquired for a stretch of land for a width of 30 feet. The notice invited objections from the owners of the land for the intended acquisition of lands for the formation of the sub-way. All the petitioners appeared for an enquiry under Sec. 15(2) and filed their objections. However, no enquiry took place under Sec. 15(3) of the Act, but without following the procedure, the Government has come up with a notification under Sec. 15(1), declaring its final intention to acquire the respective properties of the petitioners. While the petitioners objected to the entire acquisition of lands for a width of 30 ft., they would now rest contended to limit their objections to 10 ft, as there is no real need to acquire the remaining 20 ft.