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Madras High CourtWP/3481/2020dismissed as withdrawal

K.A.Thangamuthu v. The District Collector,

2020-02-13Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 3481 of 2020 and W.M.P. No. 4058 of 2020

1. K.A. Thangamuthu

2. M.Thangamuthu

3. Sampoornam

4. Prakash

5. Tamilselvi

6. K.S.Thangamani

7. Prabhu ... Petitioners Vs.

1. The District Collector Erode District, Erode.

2. The Administrator Officer / Executive Engineer Tamil Nadu Housing Board Surampatti, Erode Erode District ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the 1st Respondent to pass orders U/s. 28-A of Land Acquisition Act for fixing the higher compensation by taking note of the order passed in LAOP No.11 of 2005, dated 01.09.2017 by dispose the petitioners written representation dated 11.12.2017 sent through their counsel to the 1st Respondent within stipulated time. For Petitioner :

Mr. C.Prakasam For Respondents:

Mr. M.Elumalai (For R1) Government Advocate Mr. I.Sathish (For R2)

O R D E R

It is pointed out by Mr. M.Elumalai, Learned Counsel who takes notice for the First Respondent that though the Petitioners have sent legal notice dated 11.12.2017 through https://hcservices.ecourts.gov.in/hcservices/

their Advocate, they have not directly made any application to the concerned authority for extending the benefits under Section 28-A of the Land Acquisition Act 1894. In view of the aforesaid submission made, Learned Counsel for the Petitioners seeks permission of this Court to withdraw the Writ Petition with liberty to the Petitioners to resort to the aforesaid procedure and to work out their remedies for necessary reliefs before the proper forum in the manner recognized by law. He has made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty to the Petitioners. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar maya/sj To

1. The District Collector Erode District, Erode.

2. The Administrator Officer / Executive Engineer Tamil Nadu Housing Board Surampatti, Erode Erode District.

+1cc to Mr.C.Prakasam, Advocate SR.No.12997 +1cc to Mr.I.Sathish, Advocate SR.No.13824 W.P. No. 3481 of 2020 GMY(08/05/2020) https://hcservices.ecourts.gov.in/hcservices/