IN THE HIGH COURT OF JUDICATURE AT MADRAS Date: 6.4.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.8552 of 2011 and M.P.Nos.1 and 2 of 2011 Mr.Kannan Srinivasan, ... Petitioner vs. 1.The District Collector, Kanchipuram, Kanchipuram District. 2.The Special Tahsildar (Land Acquisition), Oragadam Industrial Park Road Development Scheme, Sriperumbudur, Kanchipuram District. 3.The Executive Director, Tamil Nadu Road and Infrastructure Development Corporation (TNRIDC), L.L.A. Buildings, No.735, Anna Salai, Chennai-600 002. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to furnish the accurate survey report after the survey is being conducted properly and officially with the help of FMB Sketch in conformity with the acquisition notification and officially wit the help of FMB Sketch and directing the respondents to furnish the official list to the petitioner showing the various items of development in the said property that will be demolished in petitioner property for the purpose of acquisition, as per his representation dated 27.3.2011. For Petitioner : Mr.P.Balamurugan For Respondents : Mr.S.Shivashanmugam, Government Advocate. ----- https://hcservices.ecourts.gov.in/hcservices/ O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to furnish the accurate survey report after the survey is being conducted properly and officially with the help of FMB Sketch in conformity with the acquisition notification and officially with the help of FMB Sketch and directing the respondents to furnish the official list to the petitioner showing the various items of development in the said property that will be demolished in petitioner property for the purpose of acquisition, as per his representation dated 27.3.2011. 2. Mr.S.Shivashanmugam, 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 claims to be the owner of property in Survey No.496/1(part) and Survey No.496/5(part) at Pondur "B" Village, Sriperumbudur Taluk, Kanchipuram District and has running a resort. Respondents are attempting to acquire a portion of his land for the purpose of widening the Singaperumal Koil to Sriperumbudur Highway under the provision of Tamil Nadu Highways Act 2001. It is the case of the petitioner that the authorities have conducting a regular field survey and marking certain portions. In this regard, petitioner has given a letter to the District Collector on 12.12.2009 and has confirmed his willingness to cooperate with the District Collector. In that letter he requested the District Collector to carry out an official survey and mark the land to be acquired so that in the process of widening the road suitable steps can be taken by the petitioner to safeguard the property which has been developed by him. He has submitted another letter dated 19.2.2010 and 24.3.2010 to the District Collector. 4. The grievance of the petitioner is that a proper and accurate sketch should be prepared so as to enable the petitioner to correct any mistakes in the acquisition proceedings and to avoid taking excess lands beyond what is required. The main grievance has been set out in grounds (b) and (e) in the affidavit which reads as follows:- "(b) I submit that the respondents are entitled to acquire the property at Survey No.496/1 (part) and Survey No.496/5 (part), totally measuring to the tune of 3000 sq. mts. If they acquire the said property without the survey is being conducted properly and officially with the help of FMB sketch, there is always a chance that the respondents could https://hcservices.ecourts.gov.in/hcservices/ acquire more property than the measurements of 3000 sq. mts." "(e) I submit that once I hand over the procession of the land I could not reclaim the property easily which was acquired more than the measurements (i.e. 3000 sq. mts.) as per the notification of the government." Hence the writ petition has been filed for a mandamus to the respondents to furnish accurate survey report with the help of FMB Sketch to be in consonance with the acquisition notification. 5. Heard Mr.S.Shivashanmugam, learned Government Advocate appearing for the respondents 1 to 3 who states that even as per the petitioner's stand, the authorities are surveying the land and no final decision has been taken. Hence, the writ petition is premature. 6. On a perusal of the affidavit filed by the petitioner, it is clear that survey is still going on and the authorities will consider the objection made by the petitioner. In any event, the authorities are bound to follow the procedure prescribed under the Act and proceed with the acquisition without deviation. Petitioner has also submitted his objections in the various letters referred to above. If the above letters/objections are available with the authorities, they shall keep in mind and consider the same at appropriate time. 7. The writ petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petitions are closed. ts Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The District Collector, Kanchipuram, Kanchipuram District. https://hcservices.ecourts.gov.in/hcservices/ 2.The Special Tahsildar (Land Acquisition), Oragadam Industrial Park Road Development Scheme, Sriperumbudur, Kanchipuram District. 3.The Executive Director, Tamil Nadu Road and Infrastructure Development Corporation (TNRIDC), L.L.A. Buildings, No.735, Anna Salai, Chennai-600 002. + 1 cc to Mr. P. Balamurugan, Advocate SR No.25232 + 1 cc to Government Pleader, SR No.24742 SV(CO) SR/2.5.2011 Order in W.P.No.8552 of 2011 https://hcservices.ecourts.gov.in/hcservices/