Emmanuel Joseph v. The Government Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2017
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH W.P. Nos.7303 to 7308 of 2003 & W.P.M.P. Nos.9406 to 9411 of 2003 Emmanuel Joseph Petitioner in W.P. No.7303 of 2003 R. Ganesan Petitioner in WP.No.7304 of 2003 Senrayan Petitioner in WP.No.7305/2003 Anbukkarasi Petitioner in WP.No.7306 of 2003 K. Subramanian Petitioner in WP.No.7307 of 2003 Ranjitham Petitioner in WP.No.7308 of 2003 vs.
The Government of India Ministry of Surface and Road Transport represented by its Secretary New Delhi The National Highways Authority of India represented by its Project Director General Manager - (Tech.) Salem - 5 The District Collector, Salem The Competent Authority (Land Acquisition NH 7 (Four Lining) and District Revenue Officer Salem - 1 The Special Tahsildar - Land Acquisition NH 7 (Four Lining), Salem 1 Respondents in W.P. No.7303 of 2003 Prayer in W.P. No.7303 of 2003 to WP.7308 to 2003 Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records of the respondents relating to the undated order of the 4th respondent in Memorandum Rc.No.10119/2001(B2) signed on 17.02.2003 and quash the same and forbearing the respondents and their men, agents and subordinates from in any manner disturbing the possession of the petitioner of the property subject matter of the abovementioned memorandum without complying with the statutory provisions contained in Sections 3-B, 3-E, 3-F, 3G and
3-H of the National Highways Act (Central Act 48 of 1956). For petitioner in Mr. R. Sasikumar W.P. No.7303 of 2003 for M/s. Muthumani Doraisami For R2 in Mr. R. Parthiban W.P. No.7303 of 2003 For RR 3 to 5 Mr. Gunasekaran in W.P. No.7303 of 2003 Addl. Govt. Pleader (Land Acqn.) COMMON ORDER When these writ petitions were taken up for hearing today, Mr.R.Sasikumar, learned counsel representing the learned counsel-on-record for the petitioner fairly submitted that the entire acquisition proceedings has been completed and the land has also been taken possession of by the authorities for the purpose of laying highway.
Mr. R. Parthiban, learned counsel for the second respondent, besides filing counter affidavit in W.P. Nos.7303 and 7304 of 2003, fairly confirmed the submission made by the learned counsel for the petitioners.
In view of the above, these writ petitions are dismissed as having become infructuous. Connected W.P.M.Ps. are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Secretary Ministry of Surface and Road Transport New Delhi The National Highways Authority of India Project Director General Manager - (Tech.) Salem - 5 The District Collector, Salem
The Competent Authority (Land Acquisition) NH 7 (Four Lining) and District Revenue Officer Salem - 1 The Special Tahsildar - Land Acquisition NH 7 (Four Lining), Salem 1 +1cc to Mr.R. parthiban, Advocate, S.R.No.186 cnr(CO) md(10/02/2017) W.P. Nos.7303 to 7308 of 2003