Madras High CourtWP/23580/2018dismissed as abated

N.Ethiraj v. The Principal Secretary To

2023-12-13Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.23580 of 2018 and W.M.P. Nos.27534 of 2018 and 27385 of 2019 N.Ethiraj ... Petitioner Vs.

1 The Principal Secretary to Government Highways And Minor Ports Department Fort St. George, Chennai - 9 2 The District Collector Chennai District, Singaravelar Maaligai Chennai - 600 001 3 The District Revenue Officer Chennai District, Singaravelar Maaligai Chennai - 600 001 4 The Special Deputy Collector (Land Acquisition) Tamil Nadu Urban Development Project - III Alandur, Chennai - 16 5 The Divisional Engineer (Highways) C.M.D.P. Division - IV, Alandur Chennai - 600 016 6 The Land Acquisition Officer And Special Deputy Collector C.M.D.A., Gandhi - Irwin Road, Egmore Chennai - 8 1/5

7 The Tahsildar Velacherry Taluk, Taramani Chennai - 600 113 8 The Divisional Engineer (High ways) C.M.D.P.- Division II, No.1, Brahmin Street, Saidapet, Chennai - 15 9 N.Ramamurthy 10 R.Padmavathy 11 B.Devagi 12 N.Sundharavalli 13 R.Tamilselvi 14 K.Vinayagamurthy 15 V.Bharat Balu 16 V.Uma ... Respondents (R9 to R16 are impleaded vide order dated 24.01.2019, made in WMP No.39313/18 in WP No.23580/2018 by VBDJ) Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorari to call for the records in entire land acquisition proceedings in pursuance of the Notice under Section 15(2) of the Tamil Nadu Highway Act, 2001 (Act 34/2012) in Na.Ka.No.1565/2012/E1 dated 12.07.2018 and 06.08.2018 in G.O.Ms.No.224 (HW-2) in respect of petitioners father lands in Block No.169, T.S.No.216/5 measuring 0.06.14.5 H.A. Sq.mtr. and Block No.71, T.S.No.35 Part measuring 0.02.11.00 H.A. sq.mtr. in Velachery Village, Mambalam-Guindy Taluk, Chennai District and quash the same.

For Petitioner : Mr.No Appearance For R9 : Mr.M.S.Subramanian For R14 to R16 : Mr.K.Vinayagamoorthy For R10 to R12 : Mr.R.Khapali For R1 to R8 : Mr.P.Gurunathan Additional Government Pleader 2/5

ORDER

Today, when the matter is taken up for hearing, it is reported that the writ petitioner died on 17.09.2022 itself.

2. The learned counsel for the 9th respondent submitted that the matter is related to land acquisition and now the matter is pending with the Acquisition Tribunal regarding disbursement of compensation.

3. In view of the fact that the sole writ petitioner died on 17.09.2022 itself and so far, the legal representatives of the deceased have not taken any steps to implead themselves and to prosecute this writ petition, the Writ Petition is dismissed as abated. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to the costs. 13.12.2023 ksa-2 Index : Yes / No 3/5

To 1 The Principal Secretary to Government Highways And Minor Ports Department Fort St. George, Chennai - 9 2 The District Collector Chennai District, Singaravelar Maaligai Chennai - 600 001 3 The District Revenue Officer Chennai District, Singaravelar Maaligai Chennai - 600 001 4 The Special Deputy Collector (Land Acquisition) Tamil Nadu Urban Development Project - III Alandur, Chennai - 16 5 The Divisional Engineer (Highways) C.M.D.P. Division - IV, Alandur Chennai - 600 016 6 The Land Acquisition Officer And Special Deputy Collector C.M.D.A., Gandhi - Irwin Road, Egmore Chennai - 8 7 The Tahsildar Velacherry Taluk, Taramani Chennai - 600 113 8 The Divisional Engineer (High ways) C.M.D.P.- Division II, No.1, Brahmin Street, Saidapet, Chennai - 15 4/5

P.VELMURUGAN. J.

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