P.Shanmugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.29282 of 2023 P.Shanmugam ... Petitioner versus 1.The District Collector, Vellore, Vellore District.

2.The Special District Revenue Officer, NHAA (Land Acquisition), Bangalore - Chennai Highway Project, Vallalar, Sathuvachari, Vellore - 632 009.

3.The Special Tahsildar (Phase-1), NHAA (Land Acquisition), Bangalore - Chennai Highway Project, Vallalar, Vellore District.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to determine compensation payable to the petitioner in respect of the aforementioned acquired lands Pg.Nos.1/5

measuring 2100 sq.mts comprised in S.No.29/1 and 1800 sq.mts comprised in S.No.33/1 both situated at Veppalai Village, Katpadi Taluk, Vellore District in accordance with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or under any other equivalent or appropriate Act and pay the petitioner due compensation in tune with market value with solation, interest, betterment charges et. For Petitioner : No appearance For Respondents : Mr.V.Veluchamy Additional Government Pleader

O R D E R

Pending the present Writ Petition, the learned counsel for the petitioner filed the Writ Miscellaneous Petition in W.M.P.No.29282 of 2023 praying to implead the proposed respondents therein as party respondents/fourth and fifth respondents in the above Writ Petition. When the said W.M.P was taken up for hearing on 16.10.2023, this Court ordered notice to the proposed respondents through Court and privately returnable by 08.11.2023 and this Court also directed the learned counsel for the petitioner to file an Affidavit of Service on or before 08.11.2023 and the matter was directed to be listed on 09.11.2023. Today (09.11.2023), when the matter is taken up for hearing, there was no representation for the Pg.Nos.2/5

petitioner and also cause list reflects that either batta or Affidavit of Service has not yet been filed. The petitioner has not complied with the order of this Court dated 16.10.2023 and hence, this Writ Miscellaneous Petition is dismissed. From this, it is clear that the petitioner is not interested in prosecuting either W.M.P or the main Writ Petition. Hence, Writ Petition also shall stand dismissed for non-prosecution. There shall be no order as to costs.

09.11.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.3/5

To 1.The District Collector, Vellore, Vellore District.

2.The Special District Revenue Officer, NHAA (Land Acquisition), Bangalore - Chennai Highway Project, Vallalar, Sathuvachari, Vellore - 632 009.

3.The Special Tahsildar (Phase-1), NHAA (Land Acquisition), Bangalore - Chennai Highway Project, Vallalar, Vellore District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms and W.M.P.No.29282 of 2023 09.11.2023 Pg.Nos.5/5