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Madras High CourtWP/4607/2009closed

Mani Chitra v. Union Of India

2019-06-28Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P.s 4607 & 4608 of 2009 and M.P.s 2 & 2 of 2009 W.P. 4607 of 2009 Mani Chitra ... Petitioner Vs

1. Union of India, Union Territory of Puducherry, rep. by the Addl. Secretary (Revenue), Government of Puducherry, Puducherry.

2. The Deputy Collector (Revenue)- cum Land Acquisition Officer, Karaikal.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records relating to the Notification under Sec.4

(1) of the Land Acquisition Act bearing G.O.Ms.No.1, dt. 27.01.2006, published in the Gazette of Pondicherry No.7, dt. 14.02.2006 and the Declaration under Sec.6(1) of the Land Acquisition Act bearing G.O.Ms.No.92, dated 30.10.2006, published in the Gazette of Pondicherry No.148, dt. 30.10.2006 on the file of the 1st respondent and to quash the same in so far as they are relating to my lands bearing R.S.Nos.3/3, 3/5, 4/3, 10/1, 10/2, 11/2 and 14/4 situated in Thirunallar Revenue Village, Karaikal and measuring 1.94.30 HAC.

W.P. 4608 of 2009 Mani Arul ... Petitioner Vs.

1. Union of India, Union Territory of Puducherry, rep. by the Addl. Secretary (Revenue), Government of Puducherry, Puducherry.

2. The Deputy Collector (Revenue)- cum Land Acquisition Officer, Karaikal.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records relating to the Notification under Sec.4(1) of the Land Acquisition Act bearing G.O.Ms.No.1, dt. 27.01.2006, published in the Gazette of Pondicherry No.7, dt. 14.02.2006 and the Declaration under Sec.6(1) of the Land Acquisition Act bearing G.O.Ms.No.92, dated 30.10.2006, published in the Gazette of Pondicherry No.148, dt. 30.10.2006 https://hcservices.ecourts.gov.in/hcservices/

on the file of the 1st respondent and to quash the same in so far as they are relating to my lands bearing R.S.Nos.3/3, 3/4, 4/2/B, 5/2, 5/4, 10/1, 10/6, 10/12, 11/4/A, 11/4/C, 11/7, 15/2/A & 23/1 situated in Thirunallar Revenue Village, Karaikal and measuring 1.98.06 HAC.

For Petitioner : Mr.T.M.Naveen For Respondents : Mr.Balavijayan COMMON ORDER The petitioner has filed these Writ Petitions challenging the notification under Sec.4(1) as well as Declaration under Sec.6(1) of the Land Acquisition Act and quash the same.

2. Mr.Balavijayan, learned counsel appearing for the respondents has produced a letter dated 26.06.2019, in which the respondents have stated that the land acquisition proposal notified vide G.O.Ms.No.1, dated 27.01.2006 of the DRDM, Puducherry in respect of the Thenoor Mini lake at Thirunallar Revenue Village was already dropped by the Government of Puducherry vide O.M. No.1799/273/2009-PW(B1), dt. 11.01.2010.

3. Recording the submission made by the learned counsel appearing for the respondents stating that as the Government of Puducherry vide Official Memorandum dated 11.01.2010 already dropped the proposal notified under G.O.Ms.No.1, dated 27.01.2006, nothing survives for further adjudication in these Writ Petitions, and hence, the present Writ Petitions are closed. No costs. Consequently, the Miscellaneous Petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Addl. Secretary(Revenue) Union of India,Union Territory of Puducherry, Government of Puducherry,Puducherry.

2. The Deputy Collector (Revenue)- cum Land Acquisition Officer, Karaikal.

+2cc to Mr.K.P.Jotheeswaran, Advocate, SR Nos.54385 & 54386 +1 cc to The Government Pleader(Pondicherry), Sr.No.54180 W.P.s 4607 & 4608 of 2009 and M.P.s 2 & 2 of 2009 CA(CO) AKM/13.08.19/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/