Alphonse v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Writ Appeal Nos.1286 & 1287 of 2023 Alphonse ...

Appellant versus 1.The District Collector, Cuddalore 2.The Special District Revenue Officer cum Competent Authority, National Highway 227, Kattumannarkoil, Cuddalore 3.The Special Tahsildar - Land Acquisition, National Highways 227, Kattumannarkoil, Cuddalore 4.The Territory Manager (Retail) Bharat Petroleum Corporation Ltd., Raj Towers, Near Kalaingar Arivayalam, Karur Byepass Road, Trichy 620 002 5.The Project Director, Project Implementation Unit, Villupuram ...

Respondents

Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set aside the order 05.06.2023 in WP Nos.15156, 15153 of 2023 For the Appellant :: Mr.AR.Karthik Lakshmanan For the Respondents :: Mrs.R.Anitha, Special Government Pleader, for respondents 1 to 3 Mr.Su.Srinivasan, for respondent No.5 COMMON JUDGMENT (Made by the Hon'ble Chief Justice) Learned counsel for the appellant submits that after the filing of the appeals, possession had been taken by the respondents, and as such, nothing survives in the present appeals.

2. In light of that, the appeals stand disposed of. There will be no order as to costs. Consequently, CMP Nos.12854, 12850 of 2023 are closed.

3. Learned counsel for the appellant submits that the respondents are required to give the benefit of the amendment to

the National Highways Act, to the appellant.

4. The matter is pending consideration before the Supreme Court in Union of India vs. Tarsem Singh & others. If any clarification is issued by the Supreme Court, the appellant shall take appropriate steps thereof.

(S.V.G., CJ.) (P.D.A., J.) 07.07.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Cuddalore 2.The Special District Revenue Officer cum Competent Authority, National Highway 227, Kattumannarkoil, Cuddalore 3.The Special Tahsildar - Land Acquisition, National Highways 227, Kattumannarkoil, Cuddalore 4.The Territory Manager (Retail) Bharat Petroleum Corporation Ltd., Raj Towers, Near Kalaingar Arivayalam, Karur Byepass Road, Trichy 620 002 5.The Project Director, Project Implementation Unit,

Villupuram

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 07.07.2023