SANTHAPPAN Vs. CHIEF ENGINEER, HIGHWAYS DEPARTMENT

JUDGEMENT

(1.) Heard Mr.T.Lenin Kumar, learned counsel appearing for the petitioner in W.P.(MD).No.512 of 2018 and Mr.AN.Ramanathan, learned counsel appearing for the petitioner in W.P.(MD).No.21831 of 2017, Mr.S.Dhayalan, learned Government Advocate appearing for the respondents 1 to 3 and Mr.AN.Ramanathan, learned counsel appearing for the fourth respondent in W.P.(MD).No.512 of 2018.

(2.) By consent, both the writ petition itself is taken up for final disposal.

(3.) The cases on hand are classical cases, where the fourth respondent Mr.Rajan Babu has been in possession of the land, which is stated to be acquired by the National Highways Department for forming a Service Road, by virtue of Court orders. The lands which were acquired by the National Highways Department, was comprised in T.S.No.90 classified as 'Natham land' measuring an extent of 45.50 sq.meter. The acquisition proceedings were done in the name of grand-father of Rajan Babu. However, it is the case of Rajan Babu that the total extent of the land is 660 square feet and the National Highways Department acquired only 436 square feet(45.5 sq.meter) and the balance land is available and he is entitled to enjoy the property without any interference. The said Rajan Babu has approached this Court in the year 2014 and filed a writ petition in W.P.(MD).No.2417 of 2014 challenging the proceedings issued by the Highways Department, dated 06.02.2014 by which, Rajan Babu was directed to remove the encroachment. Though there was challenge to the notice, the Court by order dated 12.02.2014 disposed of the writ petition by issuing certain direction and by the said order, three other connected writ petitions were also disposed of.