IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 23.12.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.28896 of 2010 and M.P.No.1 of 2010 S. Abirami Ammal ... Petitioner. vs. The Special Deputy Collector (Land Acquisition) Tamil Nadu Urban Development Project-III, Chennai, Pooamallee, Chennai – 600 056. ... Respondent. Prayer: Petition filed seeking for a writ of Mandamus, directing the respondent herein to permit the petitioner herein to participate in the enquiry to be held from 24.12.2010 onwards pursuant to the public notice issued under Rule 5(2) of Tamil Nadu Highways Rules 2003, in Rc.No.A1/610/2010 dated 30.11.2010 by considering the representation of the petitioner dated 14.12.2010. For Petitioner : Mr.Kandhan Doraisami For Respondent : Mr.K.Balasubramanian Special Govt.Pleader O R D E R Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent. 2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that the petitioner is the owner of the superstructure in the property, bearing Old Door No.637/2 of Poonamallee High Road, Aminjikarai, Chennai-600 029. It has also been stated that the petitioner is paying the property tax to the Corporation of Chennai, and she has also got the electricity supply, provided by the Tamil Nadu Electricity Board. From the address shown in the income tax assessment, by the authorities concerned, it is clear that she is residing in the property in question. In such https://hcservices.ecourts.gov.in/hcservices/ circumstances, she has to be permitted to participate in the enquiry, being held by the respondent, from 24.12.2010, under Rule 5(2) of Tamil Nadu Highways Rules, 2003, in connection with the acquisition of the property on Poonamallee High Road, Aminjikarai, Chennai, for the purpose of construction of an elevated road, pursuant to the public notice, bearing Rc.No.A1/610/2010 dated 30.11.2010. 3. The learned Special Government Pleader appearing on behalf of the respondent has submitted that only the 'interested persons' would be called for an enquiry, as per Rule 5(2) of the Tamil Nadu Highways Rules, 2003. It is for the petitioner to show that she is an 'interested person', as per the said rules. 4. In view of the averments made in the affidavit filed by the petitioner in support of the writ petition and in view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as respondent, this Court finds it appropriate to direct the respondent to permit the petitioner to participate in the enquiry, to be held by the respondent, from 24.12.2010, under Rule 5(2) of the Tamil Nadu Highways Rules, 2003, in connection with the acquisition of the properties on Poonamallee High Road, Aminjikarai, Chennai, pursuant to the public notice, bearing Rc.No.A1/610/2010, dated 30.11.2010. However, it is made clear that it is for the petitioner to show, by sufficient proof, that she is an 'interested person' as per the relevant provisions of the Tamil Nadu Highways Act 2001 and the rules framed thereunder. It is also made clear that it would be open to the respondent to consider the claims of the petitioner and pass appropriate orders thereon, as per law. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ar https://hcservices.ecourts.gov.in/hcservices/ To The Special Deputy Collector (Land Acquisition) Tamil Nadu Urban Development Project-III, Chennai, Pooamallee, Chennai – 600 056. 1 cc to Mrs. Muthumani Doraisamy, Advocate, Sr. 92070 Writ Petition No.28896 of 2010 BS (CO) kk 23/12 https://hcservices.ecourts.gov.in/hcservices/