IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 21.2.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.3911 of 2011 E.Sundarakumar @ E.S.Kumar, ... Petitioner -Vs.- 1.The Special Deputy Collector, (Land Acquisition), Tamil Nadu Urban Development, Project-III, Poonamallee, Chennai-600 056. 2.The District Collector, Chennai. 3.The Tahsildar, Egmore-Nungambakkam Division, Chennai. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representations dated 13.12.2010 and 24.12.2010 in accordance with law and proceed in the matter by following the provisions of the Tamil Nadu Highways Act, 2001 and Tamilnadu Highways Rules 2003. For petitioner : Mr.M.Gnanasekar For respondents : Mr.L.S.M.Hasan Fizal, Government Advocate ----- O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representations dated 13.12.2010 and 24.12.2010 in accordance with law and proceed in the matter by following the provisions of the Tamil Nadu Highways Act, 2001 and Tamilnadu Highways Rules 2003. https://hcservices.ecourts.gov.in/hcservices/ 2. Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal. 3. Petitioner states that he is in occupation of the premises at door No.638/18, 19, E.V.R. Periyar High Road, Aminjikarai, Chennai-600 029 to the extent of 760 square feet including 3500 square feet. It is stated that the respondents proposed to widen the road to provide better infrastructure. It is also stated that the respondents are taking over the land under the provisions of Tamil Nadu Highways Act, 2001 and Tamil Nadu Highways Rule 2003. Petitioner in this case has given representation on 24.12.2010 on the date of enquiry that his objections should be considered as per the provisions of the Act and the Rules and he should not be thrown out of the premises without following the due process of law. 4. Mr.L.S.M.Hasan Fizal, learned Government Advocate on instruction states that the enquiry has been over on 24.12.2010 and the representation of the petitioner will be considered if it is in order and the authorities will scrupulously follow the procedure prescribed under the Tamil Nadu Highways Act, 2001 and the Tamil Nadu Highways Rules 2003. He also states that petitioner need not have any apprehension of illegal acts by the authorities and such allegation is without basis. 5. Since the Petitioner has made representation as above, the competent authority is directed to consider the same in accordance with law and proceed in the matter by following the provisions of the Tamil Nadu Highways Act, 2001 and the Tamil Nadu Highways Rules 2003. The Writ petition is disposed of as above. No costs. ts Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Special Deputy Collector, (Land Acquisition), Tamil Nadu Urban Development, Project-III, Poonamallee, Chennai-600 056. https://hcservices.ecourts.gov.in/hcservices/ 2.The District Collector, Chennai. 3.The Tahsildar, Egmore-Nungambakkam Division, Chennai. + 1 cc to Mr. M. Gnanasekar, Advocate SR No.12268 + 1 cc to Government Pleader, SR No.12609 TS(CO) SR/28.2.2011 Order in W.P.No.3911 of 2011 https://hcservices.ecourts.gov.in/hcservices/