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Madras High CourtWP/6069/2021disposed of

M/Sviswa Samrakshana Maruthi Charitable Trust, v. The Government Of Tamil Nadu

2021-03-11Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2021 CORAM: JUSTICE N.SESHASAYEE W.P.No.6069 of 2021 and W.M.P.No.6702 of 2021 M/s.Viswa Samrakshana Maruthi Charitable Trust, Rep by the Trustee Mr.A.Jagannathan, Shri Jagadguru Badari Shankaracharya Samsthanam, Shakatapuram Srividya Peetam, 55/30 Agasthiyar Street, Tambaram (East), Chennai 600 059.

...Petitioner

-Vs1.The Government of Tamil Nadu, Rep by its Secretary to Government, Highways and Minor Ports Department, Fort St.George, Chennai 600 009.

2.The Project Director, Chennai-Kanyakumari Industrial Corridor Project, TNMB Building, First Floor, R.A.Puram, Chennai 600 028.

3.The Chief Engineer, Chennai Kanyakumari Industrial Corridor Project, State Highways Department, Sirdar Patel Road, Guindy, Chennai 600 032.

4.The District Revenue Officer (Special Land Acquisition), SH-66, Chennai Kanyakumari Industrial Corridor Project, Kumbakonam.

5.The Divisional Engineer, Chennai Kanyakumari Industrial Corridor Project, Kumbakonam.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the fourth respondent herein bearing Lr.No.242/2019/A4/(SH-66) dated 14.01.2020 and quash the same and direct the respondents herein to consider the petitioner's alternative proposal in laying the ChennaiKanyakumari Industrial Corridor Project's Kumbakonam Mannarkudi Adhiramapattinam Road (SH 66) as per the alignment suggested in the petitioner's representation dated 28.12.2020.

For Petitioner : Mr.V.Arunagiri For Respondents : Mr.V.Anandamoorthy, AGP

ORDER

This Writ Petition is filed for a writ of Certiorarified Mandamus, to call for the records of the fourth respondent herein bearing Lr.No.242/2019/A4/(SH-66) dated 14.01.2020 and quash the same and direct the respondents herein to consider the petitioner's alternative proposal in laying the ChennaiKanyakumari Industrial Corridor Project's Kumbakonam Mannarkudi Adhiramapattinam Road (SH 66) as per the alignment suggested in the petitioner's representation dated 28.12.2020. 2.Mr.V.Anandamoorthy, learned Additional Government Pleader takes notice for the respondents. He submits that not only a final notification under Section 15(1) has been passed, but, enquiry has been conducted on 30.12.2020.

3.Since much water has already flown, this petition has literally become infructuous.

4.In the mean time, the respondents are also required to consider the representation of the petitioner dated 28.12.2020, if it is still available for them to do.

5.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar gsk To 1.The Government of Tamil Nadu, Rep by its Secretary to Government, Highways and Minor Ports Department, Fort St.George, Chennai 600 009.

2.The Project Director, Chennai-Kanyakumari Industrial Corridor Project, TNMB Building, First Floor, R.A.Puram, Chennai 600 028.

3.The Chief Engineer, Chennai Kanyakumari Industrial Corridor Project, State Highways Department, Sirdar Patel Road, Guindy, Chennai 600 032.

4.The District Revenue Officer (Special Land Acquisition), SH-66, Chennai Kanyakumari Industrial Corridor Project, Kumbakonam.

5.The Divisional Engineer, Chennai Kanyakumari Industrial Corridor Project, Kumbakonam.

+1 cc to Government Pleader sr16357 W.P.No.6069 of 2021 and W.M.P.No.6702 of 2021 aa09/04/2021