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Madras High CourtWP/38463/2015withdrawn dismissed

M/S.Hsi Automotives Ltd., v. The Additional Chief Secretary

2018-03-08Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.03.2018 Coram: The Honourable Mr. Justice N. SESHASAYEE W.P.No.38463 of 2015 and W.P.M.P.Nos.1, 2 & 3 of 2015

1. M/s. His Automotives Ltd., Survey No.73, A Block, 100 thandalam Post, Mevalurkuppam, Sriperumbudur Taluk, Kancheepuram District.

Represented by Power Agent:

Mr.L.Amalraj, Son of P.S.Lourdu, No.1/923, 70th Street, 11th Sector, K.K.Nagar, Chennai - 600 078.

2. M. Ezhilarasan

...Petitioners

Versus

1. The Additional Chief Secretary to Government, Government of Tamil Nadu, Industries Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Collector, Kancheepuram.

3. The Special Deputy Collector, SIPCOT Nemili Scheme, No.14/41, Govindamedu Street, Sriperumbudur, Kancheepuram District, PIN - 602 105.

4. The Managing Director, SIPCOT, Egmore, Chennai - 600 008.

5. The Special Tahsildar (L.A) SIPCOT Mannur - Valarpuram - Nemili Scheme, Sriperumbudur. ..Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for a issuance of a Writ of Certiorari to call for the records of the first respondent comprised in Notification No.115 dated 29.05.2015 and Gazette Notification No.151 dated 20.07.2015 issued under Section 3(1) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (TN Act 10 of 1999) in so as it relates to the Petitioners lands falling in S.Nos.468/2B1, 467/1A1, 469/1A, 470, 467/1B, 469/2, 469/1B, 469/1C, 476 totally measuring about 14.25 Acres in Mannur Village, Kancheepuram District and quash the same. For Petitioners :

Mr.A.Jenasenan For Respondents 1, 2, 3 & 5 :

Mr.E.Neelakandan Government Advocate Respondent :

Mrs.Sudharshana Sundar

O R D E R

The learned counsel for the petitioners submits that he is instructed to withdraw this Writ Petition and he also made necessary endorsement to that effect in the petition.

2. The petitioners are accordingly granted leave to withdraw the present Writ Petition. Therefore, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are closed. BEING MENTIONED The matter having been listed on 22.03.2018 for being mentioned in pursuance of order dated 08.03.2018 and made herein and in the presence of Mr.A.Jenasenan, Advocate appearing for the petition and of Mr.E.Neelakandan, Government Advocate appearing on be half of the Respondents Namely 1 to 3, 5 and Mrs.Sudharshana Sundar, Advocate appearing for 4th respondent, the court made the following order:- This matter was directed to be listed under the caption, 'for being mentioned'.

2.

The learned counsel for the petitioners submitted that vide G.O.Ms.No..167/2017 dated 02.12.2017 Industries (SIPCOT-LA) Department, proposed project itself was dropped and consequently acquisition too was dropped and hence, the petitioners have withdrawn the Writ Petition. He further submitted that the same may be incorporated in the order.

3.

The order dated 08.03.2018 is accordingly re-called and following order is now passed.

"As per G.O.Ms.No.167 of 2017 Industries (SIPCOT-LA) Department dated 02.12.2017, the project has been dropped and so the acquisition proceedings. The learned counsel for the petitioners submits that the petition may be withdrawn consequent thereto and necessary endorsement is also made to that effect in the petition.

2.The petitioners are accordingly granted leave to withdraw the present Writ Petition. Therefore, this Writ Petition is dismissed as withdrawn. No Costs. Consequently, connected Miscellaneous Petition are closed."

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mrr To

1. The Additional Chief Secretary to Government, Government of Tamil Nadu, Industries Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Collector, Kancheepuram.

3. The Special Deputy Collector, SIPCOT Nemili Scheme, No.14/41, Govindamedu Street, Sriperumbudur, Kancheepuram District, PIN - 602 105.

4. The Managing Director, SIPCOT, Egmore, Chennai - 600 008.

5. The Special Tahsildar (L.A) SIPCOT Mannur - Valarpuram - Nemili Scheme, Sriperumbudur.

+2ccs to Mrs.Sudharshana Sundar, Advocate in sr.no.17615 +1cc to Mr.A.Jenasenan, Advocate in sr.no.21665 +1cc to Government Pleader in sr.no.18490 & 22876 W.P.No.38463 of 2015 kan(co) cs/24/04/18