R.Arivanandham v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM Rev.Aplw.No.167 of 2018 in W.P.No.26459 of 2017, Rev.Aplw.No.168 of 2018 in W.P.No.19138 of 2017 and Rev.Aplw.No.169 of 2018 in W.P.No.19139 of 2017

1. R.Arivanandham

2. R.Kamaladevi

3. V.Dhanagopalan

4. V.Nagarajan

5. N.R.Rajadasappan

6. S.Lakshmanan

7. S.Pushpa

8. J.Duraisamy ...Petitioners in Rev.Aplw.No.167 of 2018 R.Kamaladevi ...Petitioner in Rev.Aplw.No.168 of 2018 V.Dhanagopalan ...Petitioner in Rev.Aplw.No.169 of 2018 Vs.

1. The Secretary to Government, State Highways Department, Fort St. George, Chennai - 600 009.

2. The Chief Engineer, State Highways, Chepauk, Chennai - 600 005.

3. The District Collector, Salem District, Salem.

4. The Land Acquisition Officer/ District Revenue Officer, Collectorate, Salem. Respondents in all the Rev.Aplws.

5. Mr.R.Sugumar, The Land Acquisition Officer/ District Revenue Officer, Collectorate, Salem. 5th Respondent in Rev.Aplw.No.167 of 2018 PRAYER in Rev.Aplw.No.167 of 2018: The Review Application is filed under Order 47 Rule 1 read with Section 114 of CPC to review the order passed in W.P.No.26459 of 2017, dated 18.07.2018. PRAYER in Rev.Aplw.No.168 of 2018: The Review Application is filed under Order 47 Rule 1 read with Section 114 of CPC to review the order passed in W.P.No.19138 of 2017, dated 18.07.2018.

PRAYER in Rev.Aplw.No.169 of 2018: The Review Application is filed under Order 47 Rule 1 read with Section 114 of CPC to review the order passed in W.P.No.19139 of 2017, dated 18.07.2018. For Petitioners : Mr.B.Kumarasamy for Mr.T.Aravind For Respondents : Mr.C.Thirumaran, Spl.G.P.

COMMON ORDER The learned counsel for the petitioners submitted that the petitioners are the owners of various immovable properties situated at Pallapatti Village in Salem District and the respondents issued a notification to acquire their properties.

2. According to the learned counsel for the petitioners, in the enquiry conducted by the fourth respondent, the petitioners were not permitted to mark the documents and the enquiry proceedings were conducted contrary to the Act 30 of 2013. However, when the Writ Petitions were disposed of, the grievance of the petitioners was not brought to the knowledge of this Court and hence they want to withdraw these Review Applications with liberty to file Writ Petitions. The learned counsel also made endorsements to that effect.

3. The learned Special Government Pleader appearing for the respondents submitted that the prayer now sought for is beyond the scope of the Review Applications and opposed the withdrawal of the Review Applications.

4. However, considering the grievance expressed by the petitioners, the Review Applications are dismissed as withdrawn, with liberty to the petitioners to work out their remedy in the manner known to law. No costs.

01.10.2018 Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order pvs To

1. The Secretary to Government, State Highways Department, Fort St. George, Chennai - 600 009.

2. The Chief Engineer, State Highways, Chepauk, Chennai - 600 005.

3. The District Collector, Salem District, Salem.

4. The Land Acquisition Officer/ District Revenue Officer, Collectorate, Salem. K.KALYANASUNDARAM, J.

pvs

Rev.Aplw.Nos.167, 168 & 01.10.2018