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Madras High CourtWP/28001/2006closed

Natural Products Export v. The State Of Tamil Nadu, Rep.

2018-12-07Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2018 CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.No.28001 of 2006 and M.P.No.2 of 2006 Natural Products Export Corporation Limited, Represented by the Director, No.6, 3rd Street, Luz Avenue, Mylapore, Chennai - 600 004.

... Petitioner Vs 1.State of Tamil Nadu rep. by the Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

2.The Special Tahsildar & Land Acquisition Officer, Unit I, Tamil Nadu Housing Board, Nandanam, Chennai - 600 035.

3.The Executive Engineer & Admn. Officer, K.K. Nagar Division, Tamil Nadu Housing Board, Ashok Nagar Shopping Complex, Chennai - 600 083.

... Respondents [R3 impleaded as per order dt. 23.02.2007 by AKJ made in M.P.No.3 of 2006 in W.P.No.28001 of 2006] Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the respondents in their Notification under Section 4(1A) of the Land Acquisition Act 1894 (Central Act 1 of 1894) in their proceeding No.D.Dis/H3/38066/04 No.VI (1)/572/2004 published in Tamil Nadu Government Gazette 45A dated 24.11.2004 published in Part VI Section I, and Declaration under Section 6 of the Land Acquisition Act 1894 (Central Act 1 of 1894) in their proceeding No.D.Dis.H3/39881/2005 and No.VI (1)/478(b)/2005 published in Tamil Nadu Government Gazette 254 dated 25.11.2005 published in Part VI Section I, and quash the order passed therein, as far as the petitioner herein. For Petitioner : Mr.A.Padmanaban For Respondents : Mr.M.Elumalai Government Advocate for R1 : Mr.V.Anandhamoorthy for R2

O R D E R

The Notification issued by the respondents under Section 4 (1A) of the Land Acquisition Act 1894 (Central Act 1 of 1894) in their proceeding No.D.Dis/H3/38066/04 No.VI (1)/572/2004, published in Tamil Nadu Government Gazette 45A, dated 24.11.2004, published in Part VI Section I, and Declaration under Section 6 of the Land Acquisition Act 1894 in their proceeding No.D.Dis.H3/39881/2005 and No.VI (1)/478(b)/2005, published in Tamil Nadu Government Gazette 254, dated 25.11.2005, published in Part VI Section I, are under challenge in the present writ petition.

2.The learned counsel appearing on behalf of the respondent Tamil Nadu Housing Board brought to the notice of this Court that, the land acquisition proceedings, initiated in respect of the property, which belongs to the writ petitioner, had been dropped.

3.Thus, no further adjudication needs to be entertained in respect of the grounds raised in the present writ petition. Accordingly, this writ petition stands closed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mkn To 1.The Secretary to Government, State of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

2.The Special Tahsildar & Land Acquisition Officer, Unit I, Tamil Nadu Housing Board, Nandanam, Chennai - 600 035.

3.The Executive Engineer & Admn. Officer, K.K. Nagar Division, Tamil Nadu Housing Board, Ashok Nagar Shopping Complex, Chennai - 600 083.

+1cc to Mr.V.Anandhamuruthy, Advocate, S.R.No.84770 +1cc to the Government Pleader, S.R.No.85088 W.P.No.28001 of 2006 and M.P.No.2 of 2006 GJ(CO) rrs 04/01/2019