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Madras High CourtWP/20778/2023closed

K.Regina v. The State Of Puducherry

2023-09-05Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.20153 of 2023 Mrs.K.Regina ... Petitioner Vs.

1.The State of Puducherry, Rep. by the Deputy Collector, Revenue & Disaster Management Department, Karaikal.

2.The Land Acquisition Officer, Revenue & Disaster Management Department, Government of Puducherry, Karaikal.

3.The Managing Director, Chennai Petroleum Corporation Ltd., Chennai.

4.Dr.R.Shanmugam ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for bringing up the entire records relating to the General Enquiry Notice in F. No. 7899 / DRBM / SIAT / CPCL / 2022 / LA / 719 dated 04.11.2022 from the file of Social Impact Assessment Team, Revenue and Disaster Management Department Karaikal

Government of Puducherry and to quash the same as illegal against the public interest and against the provisions of the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in so far as it relates to the petitioner's land comprised in R.S. No. 132/1 and 132/2 situated in T.R.Pattinam, communeand to issue a direction to the respondents to shift the alignment of drawing the Pipe corridor underneath the earth in L shape on the western side of the Agricultural Irrigation channel and to draw the same on north - south direction crossing the Twin Road underneath the earth and thereafter to draw the pipeline towards east along side of Twin Road on the Southern side i.e., proximity to the karaikal Port Road towards the Karaikal Port instead of acquiring the petitioner's land. For Petitioner : Mr.J.Ravikumar For R1 & R2 : Mr.Ramaswamy Meyyappan, Government Advocate (Puducherry)

O R D E R

The learned Government Advocate (Puducherry) appearing on behalf of the respondents 1 and 2 made a submission that the impact assessment has been done by the competent authorities and the acquisition proceedings have not commenced.

2. Since, no acquisition proceedings are pending as of today, no further adjudication needs to be undertaken in respect of the grounds raised in the present Writ Petition. If at all any grievance exist with the petitioner, he is at liberty to approach the authorities competent in the manner known to law.

3. Accordingly, the Writ Petition stands closed. Consequently, the connected Miscellaneous Petition is closed. No costs. 05.09.2023 skr Index : Yes To 1.The Deputy Collector, The State of Puducherry, Revenue & Disaster Management Department, Karaikal.

2.The Land Acquisition Officer, Revenue & Disaster Management Department, Government of Puducherry, Karaikal.

3.The Managing Director, Chennai Petroleum Corporation Ltd., Chennai.

S.M.SUBRAMANIAM, J.

skr 05.09.2023