P.Venkatesan v. The State Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
1. P.Venkatesan
2. Saraswathy Venkatesan ..
Appellants Vs.
1. The State Government of Tamilnadu Rep. by its Principal Secretary Highways and Minor Ports (HW1) Department Chennai 600 009.
2. The Special Deputy Collector (Land Acquisition) Tamilnadu Urban Development Project-III Poonamallee Chennai 600 056.
3. The District Revenue Officer The Revenue Department Chennai 600 009.
4. The District Collector Chennai Collectorate 4th Floor, Rajaji Salai Chennai 600 001.
..
Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 16.09.2019 made in W.P.No.12704 of 2013. For the Appellants : Mr.V.Krishnamoorthy For the Respondents : Mr.U.Bharanidharan Additional Government Pleader
JUDGMENT
(Delivered by the Hon'ble Chief Justice) We have heard Mr.V.Krishnamoorthy, learned counsel for the appellants and Mr.U.Bharanidharan, learned Additional Government Pleader for the respondents.
2. On the last date, we have recorded as under: "The learned Additional Government Pleader has placed the draft minutes of the 5th Steering Committee Meeting and submits that the work of Section IV (Level-2) Grade Separator and DFR Study for Grade Separator from Razack Garden junction to Koyambedu is proposed to be deleted. He seeks time to get written instructions in the matter.
List on 20.06.2023."
3. Today, learned Additional Government Pleader placed on record the communication received from the Special District Revenue Officer dated 16.06.2023. The relevant portion of the communication reads thus:
"Subsequently in the Steering Committee held on 20.01.2023 it is stated that, as the NHAI proposal of Chennai Port to Madhuravoyal elevated corridor project will decongest the traffic in EVR Salai, the Committee accepted the deletion of (i) Section IV (Level-2) Grade Separator and (ii) DFR study for Grade Separator from Razack Garden Junction to Koyambedu.
As the proposal in the section IV, level 2 Grade Separator is deleted, the lands proposed to be acquired as detailed in the Table-I are not required.
In this regard, I state that the extent of land of Thiru P.Venkatesan & Saraswathi Venkatesan is not required."
4. The aforesaid communication clearly states that as the proposal in Section IV, Level II Grade Separator is deleted, the writ lands proposed to be acquired are not required.
5. It is again clearly stated that extent of land of Thiru. P.Venkatesan and Saraswathi Venkatesan are not required. They are the appellants before this Court.
6. In view of the said statement, the purpose of the appeal stands served. Accordingly, the writ appeal is disposed of. There will be no order to costs. Consequently, CMP No.12538 of 2021 is closed.
(S.V.G., CJ.) (P.D.A., J.) 20.06.2023 Index : Yes/No kpl
To
1. The State Government of Tamilnadu Rep. by its Principal Secretary Highways and Minor Ports (HW1) Department Chennai 600 009.
2. The Special Deputy Collector (Land Acquisition) Tamilnadu Urban Development Project-III Poonamallee Chennai 600 056.
3. The District Revenue Officer The Revenue Department Chennai 600 009.
4. The District Collector Chennai Collectorate 4th Floor, Rajaji Salai Chennai 600 001.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 20.06.2023