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Madras High CourtWP/8878/2011dismissed as infructuous

V.Chandrasekar, No.1 Rukmani v. The Government Of India, Rep.

2022-09-13Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and MP.No.1/2011 V.Chandrasekar ..Petitioner Vs.

1.The Government of India, rep.by the Secretary, Department of Road Transport, Ministry of Shipping, Highways, Road Transport and Highways, Secretariat, New Delhi.

2.The Competent Authority and Special District Revenue Officer (L.A), National Highways Schemes, Kanchipuram.

...Respondents

Prayer:Writ petition has been filed under Article 226 of the Constitution of India to issue a writ of Certiorari Calling for the records pertaining to the impugned order bearing No.Na.Ka.287/2006/N.H.45 dated 24.12.2010 passed by the second respondent quashing the same and directing the respondents to re convey and restore the Subject property to the petitioner on any condition.

For Petitioner : Mr.Adu Srinivasan for Mr.Rugan For RR1 : Mr.J.Madhanagopal Rao For RR2 : Mr.D.Ravichander Special Government Pleader

ORDER

This petition has been filed for issuance of writ of Certiorari to call for the records pertaining to the impugned order dated 24.12.2010 passed by the second respondent and quash the same and direct the respondents to re-convey and restore the Subject property to the petitioner.

2. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that at the time of filing this writ petition, the land is not utilised for the acquired purpose. However during the pendency of the writ petition, the respondents had laid thar road in the said land under challenge and used the same for public purpose and hence nothing survives for further adjudication in this petition and thereby the prayer sought for in the writ petition became infructuous and therefore, this Court may dismiss the writ petition as infructuous

4. In view of the above submission made by the learned counsel appearing for the petitioner, this Writ Petition is dismissed as infructuous. No costs. Consequently connected miscellaneous petition is closed.

13.09.2022 sk To 1.The Secretary, Department of Road Transport, Ministry of Shipping, Highways, Road Transport and Highways, Secretariat, New Delhi.

2.The Competent Authority and Special District Revenue Officer (L. A), National Highways Schemes, Kanchipuram.

M.DHANDAPANI.,J.

Sk 13.09.2022