K.Arasappan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.Nos.29087 and 29088 of 2017 1.K.Arasappan 2.K.Sathappan ... Petitioners versus 1.The District Collector, Coimbatore District, Coimbatore - 641 018.
2.The Special Tahsildar, Land Acquisition Officer, Airport Authority, Extension of runway project, Collectorate, Coimbatore - 641 018.
3.The Special Revenue Officer, Coimbatore Airport, Extension of runway, District Collector Office, Coimbatore District - 641 018.
4.The Managing Director, The Airport Authority of India, Coimbatore - 641 014.
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5.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore - 641 001.
6.The Government of Tamil Nadu, Rep.by its Secretary, (Transport Department), Ft.St.George, Chennai - 600 009.
.....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from in any manner proceeding with the construction of the compound wall in and around in S.F.No.8/2, Singanallur Village, Coimbatore (Dist) or in any manner with the land acquisition proceedings under the Tamil Nadu Acquisition of Land for industrial purposes Act, 1997 Act 10/1999 without leaving sufficient access/approach road for the convenient enjoyment of the petitioners' property along with other land owners in the larger interest of general public under Sections, 32, 38(1), 105(3) third schedule of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.
For Petitioners : No appearance For Respondents : Mrs.Senthil Selvi Government Advocate for R1, R2, R3 and R6
O R D E R
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When the matter was listed for hearing on 21.11.2023, there was no representation for the petitioners and the matter was directed to be listed on 30.11.2023 under the caption ''for dismissal''. Today, when the matter is taken up for hearing, there is no representation for the petitioners. Despite sufficient opportunity was given to the petitioners, they are not interested in prosecuting the case and hence, this Writ Petition is dismissed for nonprosecution with costs of Rs.1,00,000/- (Rupees One Lakh), which shall be paid by the petitioners to the credit of Siddha Pharmacy attached to the High Court, Madras. It is made clear that if restoration petition is filed by the petitioners, the same may be taken on file by the Registry only after production of the receipt of payment of Rs.1,00,000/-. Consequently, connected miscellaneous petitions are closed. 30.11.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.3/5
To 1.The District Collector, Coimbatore District, Coimbatore - 641 018.
2.The Special Tahsildar, Land Acquisition Officer, Airport Authority, Extension of runway project, Collectorate, Coimbatore - 641 018.
3.The Special Revenue Officer, Coimbatore Airport, Extension of runway, District Collector Office, Coimbatore District - 641 018.
4.The Managing Director, The Airport Authority of India, Coimbatore - 641 014.
5.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore - 641 001.
6.The Secretary, (Transport Department), Government of Tamil Nadu, Ft.St.George, Chennai - 600 009.
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P.VELMURUGAN, J.
ms 30.11.2023 Pg.Nos.5/5