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Madras High CourtWP/35512/2005disposed of

A.V. Ramakrishnan, v. Union Of India,

2023-04-13Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.P.M.P.No.38345 of 2005 A.V.Ramakrishnan

...Petitioner

Vs.

1.Union of India, Rep.by Secretary to Government, Ministry of Shipping, Road Transport and Highways, Department of Road Transport and Highways, New Delhi.

2.The Manager (Technical) National Highways Authority of India, Karanodai East, Chennai - 600 097.

3.The Special District Revenue Officer, Thiruvallur Taluk, Kancheepuram District at Taluk Office, Poonamallee.

4.The Special Tahsildar, 1/6

Poonamallee.

..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records comprised in the proceedings of the 1st respondent in No.S.O.1048(E) dated 18.7.2005 as published in Dinamani and quash the same and consequently forbear the respondents from in any manner interfering with the right of the petitioner in respect of lands situate at No.1/47, G.N.T. Road, Arambakkam, in Survey No. 592 of Arambakkam Village, Gummidipoondi Taluk, Thiruvallur District measuring 0.0248 sq.mts. For Petitioner : Mr.P.Seshadri For R1 : No appearance For R2 : Mrs.S.R.Sumathy For R3 & R4 : Mr.S.Ravichandran Additional Government Pleader

ORDER

The Notification dated 18.07.2005, acquiring the portion of the land measuring 0.0248 square meters for the purpose of laying public road is under challenge in the present writ petition. 2/6

2. In order to expand the NH5, Chennai to Vijayawada, lands were acquired for National Highways.

3. The land belonging to the petitioner was acquired long back and the project was completed and now NH5 is for the usage of public at large. The petitioner has not challenged the subsequent Notification issued by the competent authorities and the award passed by the authorities.

4. As far as the Notification, which is under challenge in the present writ petition is concerned, no further adjudication is required as the acquisition proceedings were completed long back and NH5 was developed and the Highways is in the use of public at large.

5. If at all any grievances exists for the petitioner as of now with reference to the award of compensation or otherwise, the petitioner is at liberty to pursue his remedy in the manner known to law. 3/6

6. With this liberty, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.04.2023 Index : Yes Speaking order kak To 1.The Secretary to Government, Union of India, Ministry of Shipping, Road Transport and Highways, Department of Road Transport and Highways, New Delhi.

2.The Manager (Technical) National Highways Authority of India, Karanodai East, Chennai - 600 097.

3.The Special District Revenue Officer, Thiruvallur Taluk, Kancheepuram District at Taluk Office, Poonamallee.

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4.The Special Tahsildar, Poonamallee.

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S.M.SUBRAMANIAM, J.

kak 13.04.2023 6/6