S.Kuzhanthaivelu v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2026

CORAM:

THE HONOURABLE Dr.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE SHAMIM AHMED W.P.No. 34847 of 2016 and W.M.P.Nos.30001 and 30002 of 2016 --- S.Kuzhanthaivelu .. Petitioner Vs

1. The State of Tamil Nadu rep. by its Principal Secretary to Government, Highways and Minor Ports (HN2) Department, Secretariat, Chennai.

2. The District Collector Tiruvarur

3. The District Revenue Officer Tiruvarur ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent contained in its notice under Section 15(1) of the Tamil Nadu Highways Act, 2001, published in Part II Section 2 of the Tamil Nadu Government Gazette No.48, dated 2.12.2015, G.O.No.224 Highways and Minor Ports (HN2) dated 05.11.2015, insofar as it applies to the petitioner's land at S.No.36/2A in Patta No.83, Ilavankarkudi Village, Kudavasal Taluk, Tiruvarur District and to quash the same and to consequently direct the respondents to

desist from taking any further action on the petitioner's land at S.No.36/2A, in Patta No.83, Ilavankarkudi Village, Kudavasal Taluk, Tiruvarur District under the Tamil Nadu Highways Act 2001.

For Petitioner(s):

M/s.Amirtha Sathyajith for Mr.Suhrith Parthasarathy For Respondent(s):

Mr.D.Ravichandar, Spl.G.P.

ORDER

(Order of the Court was made by Dr.G.Jayachandran, J) The present Writ Petition is filed challenging the acquisition proceedings initiated by the Highways Department under the Tamil Nadu Highways Act, on the ground that the Notification issued under the Tamil Nadu Highways Act under Section 15(1) of the Tamil Nadu Highways Act on 02.12.2015, suffers from Legislative competency, in view of the passing of the land acquisition proceedings under the new Land Acquisition Act, i.e. the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013. Since the challenge of the acquisition is under the Special enactment after the advent of the said Central Act of Land Acquisition of 2013, which had been tested by the Highways Department and the same having been upheld, nothing survives for consideration in this Writ Petition.

2. That apart, it is reported by the learned counsel for the petitioner that the petitioner had died on 19.12.2024 and none of the legal representatives are

interested in pursuing this Writ Petition.

3.We find that the death of the writ petitioner had already been recorded by this Court in the order dated 27.02.2026 itself observing as follows: "Despite a last chance having been given to the learned counsel fo the petitioner to bring on record the legal heirs of the deceased petitioner, who is stated to have passed away on 19.12.2004, some more time is sought.

2. Hence, time is extended till 25.03.2026 on terms of Rs.2,000/- (Rupees two thousand only) being remitted to the High Court Legal Services Committee prior to the next date of hearing and proof of compliance being filed.

3. List on 25.03.2026."

4.Moreover, learned counsel for the petitioner now reports that the legal heirs are not interested in pursuing the Writ Petition any further and that the costs of Rs.2,000/- had also not been paid.

5.Hence, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, the Miscellaneous Petitions are closed. (G.J.,J.) (S.S.A.,J.) 02-04-2026 cs

To

1. The State of Tamilnadu rep. by its Principal Secretary to Government, Highways and Minor Ports (HN2) Department, Secretariat, Chennai.

2. The District Collector, Tiruvarur.

3. The District Revenue Officer, Tiruvarur

DR.G.JAYACHANDRAN, J.

AND SHAMIM AHMED, J.

CS 02-04-2026