A.Radhakrishnan, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2018

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.No.29121 of 2016 and W.M.P.Nos.25166 to 25168 of 2016 A.Radhakrishnan Trustee Arulmighu Sugavaneswarar Temple, Salem-636 001.

..Petitioner Vs.

1. The Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai-600 009.

2. The Additional Chief Secretary, Commissioner of Land Administration, Chepauk, Chennai-600 005.

3. The Chief Engineer(Projects), Highways Department, Panagal Building, Saidapet, Chennai-600 015.

4. The District Collector, Salem District, Salem-636 001.

5. The Land Acquisition Officer, District Revenue Officer, Salem-636 001.

6. The Sub Divisional Executive Magistrate, and Revenue Divisional Officer, Salem-636 001.

7. The Divisional Engineer(Projects), Highways Department, Angammal Colony, Salem-636 004.

8. The Assistant Commissioner/Executive Officer, Arulmighu Sugavenesarar Temple, Salem-636 0001.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ or an order or direction in the nature of writ, particularly a writ of Certiorari calling for the records pertaining to the notice Na.Ka.11118/2013/B3 dated 02.07.2016 issued by the 5th respondent.

For Petitioner : No Appearance For Respondents: Mr.M.Karthikeyan Additional Government Pleader

O R D E R

The petitioner in this case challenges a notice under Section 15(2) of the Tamil Nadu Highways Act, 2001, apprehending that Arulmighu Sugaveneswarar Temple, of which he is a Trustee, would be lost. When the case came up before the Court on 23.08.2016, the learned Additional Government Pleader made a statement on behalf of the State that the proposal for acquisition would not affect the Temple. This was recorded. It is but a reiteration of what is averred in the counter affidavit filed in November 2016, where it was made clear that only a small portion of the Temple Nandavanam would alone be acquired and that the proposed acquisition would not affect the Temple.

2. This case came up for hearing on 18.01.2008 and the petitioner who appears in person in this case, did not appear. This case was hence adjourned and posted under the caption "for dismissal" today.

3. When the case was taken up this morning, the petitioner did not appear. Since a party is appearing in person, this Court chose to await for the petitioner. When the case is again taken up at 2.45 p.m, the petitioner continued to remain absent. Therefore, this case is dismissed for default. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar bri

To 1.The Secretary to Government, Highways and Minor Ports Department, Secretariat, Chennai-600 009.

2.The Additional Chief Secretary, Commissioner of Land Administration, Chepauk, Chennai-600 005.

3.The Chief Engineer(Projects), Highways Department, Panagal Building, Saidapet, Chennai-600 015.

4.The District Collector, Salem District, Salem-636 001.

5.The Land Acquisition Officer, District Revenue Officer, Salem-636 001.

6.The Sub Divisional Executive Magistrate, and Revenue Divisional Officer, Salem-636 001.

7.The Divisional Engineer(Projects), Highways Department, Angammal Colony, Salem-636 004.

8.The Assistant Commissioner/Executive Officer, Arulmighu Sugavenesarar Temple, Salem-636 0001.

+1cc to the Government Pleader, S.R.No.7409 W.P.No.29121 of 2016 GMI(CO) CS/23/02/18