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Madras High CourtWP/30369/2011withdrawn dismissed

K.N.Rajah Sekharun v. Union Of India

2019-10-22Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.30369 of 2011 and M.P.No.1 of 2011 K.N.Rajah Sekharun .. Petitioner Vs.

1.The Secretary, Union of India, Ministry of Transport and Highway Department, Transport Bhavan, No.1, Parliament Street, New Delhi - 1.

2.The Competent Authority-Cum-District Revenue Officer, District Revenue Officer, Collectorate, Namakkal.

3.The Project Director, National Highways Authority of India, (Project Implementing Unit), (Ministry of Shipping, Road Transport and Highways), VSA Commercial Complex, II Floor, 9-11, Omalur Main Road, Near New Bus Stand, Salem.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the NH11011/26/II-L.A(Part-I) New Delhi, dated 03.11.2011 on the file of Government of India, Ministry of Road Transport and Highway (Land Acquisition Division) on the file of the first respondent and quash the same and direct the respondent to restitute the land of an extent of 1,907 Sq.Mts in S.No.98/4A1 and 8 Sq.Mts in Survey No.98/5 situate at Kalanganai Village, Namakkal District to the petitioner.

For Petitioner : Mr.J.R.K.Bhavanantham For R1 : Mr.Venkatasamy Babu Senior Panel Counsel For R2 :

Mr.M.Elumalai Government Advocate For R3 :

Mr.M.Athithya Varman for P.Wilson Associates 1/3

O R D E R

The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the Writ Petition and also made an endorsement to that effect. He would further submit that the order under Section 3 (c) of the National Highways Act was not communicated to the petitioner.

2.The learned counsel appearing for the respondents agreed to communicate the said order to the petitioner. 3.Recording the submission and endorsement made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as withdrawn. On receipt of a copy of the order, liberty is granted to the petitioner to work out the remedy in a manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Secretary, Ministry of Transport and Highway Department, Transport Bhavan, No.1, Parliament Street, New Delhi - 1.

2.The Competent Authority-Cum-District Revenue Officer, District Revenue Officer, Collectorate, Namakkal.

3.The Project Director, National Highways Authority of India, (Project Implementing Unit), (Ministry of Shipping, Road Transport and Highways), VSA Commercial Complex, II Floor, 9-11, Omalur Main Road, Near New Bus Stand, Salem.

2/3

+1 cc to the Government Pleader sr 88720 +1 cc to Mr.Venkataswamy babu Advocate sr 88362 +1 cc to M/s.Wilson Associates Advocate sr 88145 +1 cc to Mr.JRK.Bhavanatham Advocate sr88049 W.P.No.30369 of 2011 aa29/11/2019 3/3