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Madras High CourtWP/894/2017dismissed

Mr.S.Kandasamy v. The Secretary To Government

2023-11-02Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.894 of 2017 and WMP.No.895 of 2017 1.S.Kandasamy 2.J.B.Siva 3.B.Baby 4.K.Jayamani ...

Petitioners (P4 impleaded as per order dt.24.11.2017 in WMP.No.5792 of 2017) /vs/ 1.The Secretary to Government.

Public Works Department, (Highway), Fort.St., Chennai-600 009.

2.The District Collector cum Special Deputy Collector, (Land Acquisition) Salem Steel Plan, Salem District.

3.The Tahsildar, Collector's Office campus, Salem, Salem District.

4.The Executive Engineer, Public Works Department, Reddi Patti, Steel Plan Road, Salem, Salem District.

...

Respondents

PRAYER : The writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring the entire land acquisition proceedings initiated in G.O.R.No.2594, P.W.(Highways) dated 26.11.1977 in respect of land in S.No.232/2B to an extent of 70 cents at Jagir Ammapalayam, Salem, Salem District as lapsed in view of Section 24(2) of Act 2013.

For Petitioners ... Mr.M.Elango For Respondents ... Mr.V.Veluchamy Additional Government Pleader

ORDER

When the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents submitted that the petitioners have already received compensation and possession has also been taken by the Highways Department. Therefore, Section 24(2) of the Act, 2013 would not applicable in the present case.

In view of the submission made by the learned Additional Government Pleader, the writ petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed. Index : Yes/No 02.11.2023 Speaking order: Yes/No Neutral case citation: Yes/No sms To 1.The Secretary to Government.

Public Works Department, (Highway), Fort.St., Chennai-600 009.

2.The District Collector cum Special Deputy Collector, (Land Acquisition) Salem Steel Plan, Salem District.

3.The Tahsildar, Collector's Office campus, Salem, Salem District.

4.The Executive Engineer, Public Works Department, Reddi Patti, Steel Plan Road, Salem, Salem District.

P.VELMURUGAN,J.

sms W.P.No.894 of 2017 and WMP.No.895 of 2017 02.11.2023