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Madras High CourtWP/3055/2012dismissed for nonprosecution

Smt.Sellammal @ Periya Pillai, v. The Competent Authority And

2021-02-18Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2021

CORAM

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P.No.3055 of 2012 and M.P.Nos.1 and 2 of 2012 1.Sellammal @ Periya Pillai 2.Rani ... Petitioners vs 1.The Competent Authority and Special District Revenue Officer (LAN.H.68) Salem-Ulundurpet Four Lane Project, Salem.

2.The Special Tahsildar (Land Acquisition) National Highways No.68, Attur Salem District.

3.The Executive Engineer, National Highways, Southern Region, Guindy,Chennai.

4.The Collector, Salem District, Salem.

5.Remesh Dhanapal 6.Arumugam 7.Duraisami 8.Rajendran ... Respondents PRAYER :

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorified Mandamus, calling for the records pertaining to the proceedings of the 2nd Respondent in Na.Ka.No.117/09 dated -/01/2012 to quash the same and to direct the Respondents 1 to 4 herein to hand over the lands in S.No.295/2011 in Uthiragoundam Palayam Village, Athur Taluk, Salem District since it was taken over in violation of the provisions of National Highway Act. For Petitioners : Mr.V.Manohar For Respondents : Mr.M.Elumalai (For R1,R2 and R4) Additional Government Pleader O R D E R The present writ petition is filed to call for the records pertaining to the proceedings of the 2nd respondent in https://hcservices.ecourts.gov.in/hcservices/

Na.Ka.No.117/09 dated -/01/2012 and quash the same and to direct the respondents 1 to 4 herein to hand over the lands in S.No.295/2011 in Uthiragoundam Palayam Village, Athur Taluk, Salem District since it was taken over in violation of the provisions of National Highway Act.

2. Learned counsel appearing for the petitioners reported no instructions from the petitioners. He further submitted that the notice issued by the learned counsel for the petitioners to the petitioners, is returned with an endorsement 'no such addressees'.

3. In such circumstances, it is pointed by the learned counsel appearing for the petitioner before this Court that he has no other option, but to request this Court to post the matter for dismissal.

4. From the facts it is revealed that this Court is unable to issue notice to the petitioners to give further opportunity as the petitioners are not residing in the address. Learned counsel for the petitioners further submitted that without instructions, he can not get along with the matter. Hence, this Court has no other option but to dismiss the writ petition for non-prosecution.

Accordingly, the writ petition is dismissed for nonprosecution. No Costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS.VIII) /True Copy/ Sub Assistant Registrar To 1.The Competent Authority and Special District Revenue Officer (LAN.H.68) Salem-Ulundurpet Four Lane Project, Salem.

2.The Special Tahsildar (Land Acquisition) National Highways, No.68, Attur Salem District. 3.The Executive Engineer, National Highways, Southern Region, Guindy,Chennai. 4.The Collector, Salem District, Salem.

AKM/15.03.21/2P-5C/ W.P. No. 3055 of 2012 18.02.2021 https://hcservices.ecourts.gov.in/hcservices/