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Madras High CourtWP/14852/2021withdrawn dismissed

E.Somasundaram v. The Union Of India

2021-12-13Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.14852 OF 2021 AND W.M.P.NOS.15725, 15726 AND 15727 OF 2021

1. E.Somasundaram

2. Arjunan

3. Natarajan ... Petitioners .Vs.

1. The Union of India, Rep. by its Secretary to Government, Ministry of Road Transport and Highways, Transport Bhavan, No.1, Parliamentary Street, New Delhi - 110 001.

2. The National Highways Authority of India, Rep. by its Chairman, G-5 and 6, Sector-10, Dwarka, New Delhi - 110 075.

3. The Project Director National Highways Authority of India, Project Implementation Unit, SRI Towers, 3rd Floor, DP 34 (SP Industrial Estate), Guindy, Chennai - 600 034.

4. The Deputy General Manager (T) and Project Director, Project Implementation Unit, (Bangalore Express way) No.718, 11th Cross, 20th Main Road, Padmanaba Nagar, Bengaluru - 506 070.

5. The Competent Authority and Special District Revenue Officer (LA), National Highways, Kancheepuram and Thiruvallur District, Collectorate Campus, Kancheepuram - 631 502.

6. The District Collector, Kancheepuram District, Kancheepuram.

7. M/s.Egis International (Formerly Egis Bcecom International) Rep. by its Branch Head - Hyderabad, Egis India Consulting Engineers Pvt. Ltd., ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring that withdrawn the approved alignment of Bangalore - Chennai Expressway (BCE) from Km 248 +300 to km 256+200 of Vadamangalam and Mambakkam Village, Thiruperumbudur Taluk, Kancheepuram District by the 4th Respondent in his letter dated 04.09.2020 in NHAI/11029/2/ 2018/PIU/KANCHE/2546 is illegal, arbitrary and against the Indian Road Congress guidelines, consequently direct the respondents 2 to 6 to follow the acquisition proceedings based on the approved alignment of Bangalore - Chennai Expressway (BCE) from km 248+300 to km 256+200 of Vadamangalam and Mambakkam Villages, Thiruperumbudur Taluk, Kancheepuram District. For Petitioner : M/s.K.Balu For Respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

The learned counsel appearing for the petitioners seek the permission of this Court to withdraw this petition with liberty to the petitioners to file fresh writ petition after 3A Notification and has also made an endorsement to that effect in the petition.

2. In view of the endorsement made by the learned counsel appearing for the petitioners, this writ petition is dismissed as withdrawn with liberty to the petitioners to file fresh writ

petition after Notification. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pri To 1.

The Secretary to Government, Ministry of Road Transport and Highways, Transport Bhavan, No.1, Parliamentary Street, New Delhi - 110 001.

2.

The Chairman, The National Highways Authority of India, G-5 and 6, Sector-10, Dwarka, New Delhi - 110 075.

3.

The Project Director National Highways Authority of India, Project Implementation Unit, SRI Towers, 3rd Floor, DP 34 (SP Industrial Estate), Guindy, Chennai - 600 034.

4.

The Deputy General Manager (T) and Project Director, Project Implementation Unit, (Bangalore Express way), No.718, 11th Cross, 20th Main Road, Padmanaba Nagar, Bengaluru - 506 070.

5.

The Competent Authority and Special District Revenue Officer (LA), National Highways, Kancheepuram and Thiruvallur District, Collectorate Campus, Kancheepuram - 631 502.

6.

The District Collector, Kancheepuram District, Kancheepuram.

+1cc to the Government Pleader, S.R.No.66600 W.P.NO.14852 OF 2021 AND W.M.P.NOS.15725, 15726 AND 15727 OF 2021 (CO) PBS/21/01/2022