K.Abubacker, v. The National Highways
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2021
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.1606 of 2017 and W.M.P.No.1564 of 2017 K.Abubacker
...Petitioner
Vs 1.The National Highways Authority of India, Rep. by its Chairman G-5&6, Sector 10, Dwarka, New Delhi - 110 075.
2.Project Director (NH 209), National Highways Authority of India, Door No.9/9A, 4th Cross Street, Kothari Layout, B.R.Nagar, (opp. Coimbatore Stock Exchange), Trichy Road, Coimbatore - 641 005.
3.The Chief Conservator of Forests & Field Director Indira Gandhi Wildlife Sanctuary 176, Meenakalai Salai, Arasu Timber Godown Campus, Pollachi - 642 001.
4.The District Collector, District Collector Office, Coimbatore - 641 018.
5.The Divisional Engineer, O/o The Divisional Engineer, National Highways, Coimbatore -18.
6.The Sub-collector, Pollachi.
7.The Forest Ranger Officer, Madukkarai Range, Kurumbapalayam Road, MAdukarai, Coimbatore - 641 105.
8.The Revenue Divisional Officer, Coimbatore (South), Coimbatore.
9.KNR Constructions Limited, C-125, Anand Kiketan New Delhi - 110 021.
... Respondents Prayer Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Declaration, seeking to declare the Engineering, Procurement and Construction agreement dated 05.08.2016 entered into between the respondents Nos.2 & 9 in respect of Clause 9.4 of the said agreement is unconstitutional, against public policy, discriminatory and void and further direct the second respondent to conduct public auction/tender for the felling of trees in NH-209 from Km123.550 to Km 150.400 stretch.
For Petitioner :
Mr.I.Abrar Md Abdullah For R2 :
Mr.A.K.Sachindhar for M/s.P.Wilson Associates For R3 to R8 :
Mr.V.Nanmaran Government Advocate :
No Appearance for R1
ORDER
When the matter is taken up for hearing today i.e on 08.11.2021, the learned counsel for the petitioner submitted that the petitioner passed away and the legal heirs of the petitioner does not wants to pursue the case. Therefore, this petition may be dismissed as abated.
2.Recording the submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as abated. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar rst To:
1.The Chairman The National Highways Authority of India, G-5&6, Sector 10, Dwarka, New Delhi - 110 075.
2. Project Director (NH 209), National Highways Authority of India, Door No.9/9A, 4th Cross Street, Kothari Layout, B.R.Nagar, (opp. Coimbatore Stock Exchange), Trichy Road, Coimbatore - 641 005.
3.The Chief Conservator of Forests & Field Director Indira Gandhi Wildlife Sanctuary 176, Meenakalai Salai, Arasu Timber Godown Campus, Pollachi - 642 001.
4.The District Collector, District Collector Office, Coimbatore - 641 018.
5.The Divisional Engineer, O/o The Divisional Engineer, National Highways, Coimbatore -18.
6.The Sub-collector, Pollachi.
7.The Forest Ranger Officer, Madukkarai Range, Kurumbapalayam Road, Madukarai, Coimbatore - 641 105.
8.The Revenue Divisional Officer, Coimbatore (South), Coimbatore.
+1cc to M/s.P.Wilson Associates, Advocate, S.R.No.57542 +1cc to the Government Pleader, S.R.No.57904 W.P.No.1606 of 2017 and W.M.P.No.1564 of 2017 KSM(CO) SB(26/11/2021)