R.Sampath Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and M.P.No.2 & 2 of 2014 Sampath Kumar ... Petitioner in W.P.No.5782 of 2014 S.Kanthamani .....Petitioner in W.P.No.11067 of 2014 Vs.

1.The District Collector Office of the District Collector, Sathuvachari, Vellore, Vellore District.

2.The Land acquisition office cum District Revenue officer, Vellore.

3.The Divisional Engineer, (Highways) Vaniyambadi Town, Vellore District.

... Respondents Prayer in W.P.No.5782 of 2014: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the entire records of the 2nd respondent in the impugned award No.2/2013 Na.Ka.D1.48478/ 2009 and to quash the same or in the alternative pleased to 1/5

direct the respondents herein to change alignment by widening 11⁄2 meter on the northern side of the road or opposite to the petitioner Hotel wherein the petitioner is owning land and building in so far as the petitioner is concerned. Prayer in W.P.No.11067of 2014: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the entire records of the 2nd respondent in the impugned award No.2/2013 dated 23.12.2013 and to quash the same in so far as the petitioner is concerned or in the alternative passed to direct the respondents herein to change the alignment by widening 1 1⁄2 meter on the northern side of the road or opposite to the petitioners' residential bungalow. For Petitioners in both W.Ps : M/s.M.Balasubramaniam For Respondents in both W.Ps. : Mr.V.Veluchamy Additional Government Pleader.

COMMON ORDER The Writ Petitions are filed seeking a writ of Certiorarified Mandamus to call for the entire records of the 2nd respondent in the impugned award No.2/2013 Na.Ka.D1.48478/ 2009 and to quash the same or in the alternative pleased to direct the respondents herein to change alignment by widening 11⁄2 meter on the northern side of the road or opposite to the petitioners' Hotel and residential bungalow.

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2. Today, when the matter is taken up for hearing, it is submitted that the alternative prayer sought for by the petitioners in respect of taking the other end of the road, has been been considered by the respondents.

3. Since the alternate prayer sought for by the petitioners has been considered by the respondents, the writ petitions become infructuous.

4. Accordingly, the Writ Petitions are dismissed as infuctuous. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.

19.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To 1.The District Collector Office of the District Collector, Sathuvachari, Vellore, Vellore District.

2.The Land acquisition office cum District Revenue officer, Vellore.

3.The Divisional Engineer, (Highways) Vaniyambadi Town, Vellore District.

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P.VELMURUGAN. J.

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