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Madras High CourtWP/15197/2017dismissed as infructuous

R.Velumani v. Government Of Tamil Nadu

2023-11-27Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and WMP.Nos.16469 & 16470 of 2017 1.R.Velumani 2.R.Deivathal 3.S.Ponmani 4.R.Kumar ...

Petitioners /vs/ 1.Government of Tamil Nadu Rep.by its Secretary, Transport Department, Fort St.George,Chennai - 9.

2.The District Collector, Coimbatore.

3.The District Revenue Officer, Coimbatore.

4.The Special District Revenue Officer, Coimbatore.

5.Airport Authority of India Rep.by its Chairman Rajiv Gandhi Bhavan, Sardung Airport, New Delhi - 11003. ...

Respondents

PRAYER : The writ petition has been filed under Article 226 of the Constitution of India to issue a writ of Certiorari calling for the records from the 2nd respondent in its proceedings in G.O.Ms.No.91 published in Extraordinary Gazette No.163 dated 21/08/2014 and quash the same and direct the respondents to fix the fair quantum of Compensation at present value of the property and pay the same to the petitioners. For Petitioners ... Mr.B.Hemnath For Respondent ... Mr.V.Veluchamy Nos.1 to 4 Additional Government Pleader

ORDER

The writ petition has been filed to issue a Writ of Certiorari calling for the records from the 2nd respondent in its proceedings in G.O.Ms.No.91 published in Extraordinary Gazette No.163 dated 21/08/2014 and quash the same and direct the respondents to fix the fair quantum of Compensation at present value of the property and pay the same to the petitioners.

2.Though the petitioners challenged the Gazette Notification No.163 dated 21.08.2014, when the matter was taken up for hearing on

10.11.2023, there was no representation on behalf of the petitioners. Therefore, the matter was ordered to be listed on 27.11.2023 under the caption "for dismissal".

3.Today i.e.on 27.11.2023, when the matter is taken up for hearing, the learned counsel appearing for the petitioners submitted that negotiations are going on between the parties. 4.However, the learned Additional Government Pleader appearing for the respondents submitted that even after notification and after filing the writ petition, the award amount was fixed and the petitioners have also received the same and the possession has also been taken and the works also completed. The land was acquired only for the purpose of establishing Industrial Establishment and the land was also taken the possession by the Acquisition Body and handed over the land to the beneficiary and completed the project.

5.Therefore, considering the subsequent development, the writ petition has become infructuous. However the petitioners are at liberty to workout their remedy regarding enhancement of the compensation in the manner known to law. No costs. Consequently, the connected miscellaneous petitions are closed.

Index : Yes/No 27.11.2023 speaking order: Yes/No sms To 1.Government of Tamil Nadu Rep.by its Secretary, Transport Department, Fort St.George,Chennai - 9.

2.The District Collector, Coimbatore.

3.The District Revenue Officer, Coimbatore.

4.The Special District Revenue Officer, Coimbatore.

5.Airport Authority of India Rep.by its Chairman Rajiv Gandhi Bhavan, Sardung Airport, New Delhi - 11003.

P.VELMURUGAN,J.

sms and WMP.Nos.16469 & 16470 of 2017 27.11.2023