G. Micheal Antony, v. The General Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and M.P.(MD) Nos.2 & 3 of 2010 1.G.Micheal Antony 2.A.S.Jeyaraj 3.M.V.Balasubramaniyam 4.M.V.Antony 5.T.Muthuraj 6.P.Muthuselvam 7.M.Gnanasundaram 8.S.Sivakami Asari 9.D.Sornam 10.I.Kanaka 11.Shanthi

12.B.Nazer Hussian 13.Muthu Nadar 14.S.Murugan 15.A.Jalaludeen 16.T.Selvaraj 17.P.Rajammal 18.M.Nagammal 19.R.Narayana Das 20.Packiam 21.R.Prathap Singh 22.C.Baby 23.V.Murugappan 24.M.Perinbam 25.Murugappan 26.Nesamony 27.A.Ganesan 28.M.Chandra 29.N.Sekar 30.Narayanan

31.Kandasamy 32.M.Nagendran 33.Swamydas 34.Vijayakumar 35.S.Mark 36.K.Chinnappa 37.T.Arunachalam 38.Sornam 39.Poomani 40.N.Thangammal 41.S.Ramasamy 42.E.Chidambaram 43.P.Paramaraj 44.G.Mary Pushparani ... Petitioners -vs1.The General Manager (NS-2) National Highways Authority of India G-526, Sector-10 Dwarka, New Delhi-110 075

2.The Project Director National Highways Authority of India PIU-Kanyakumari No.13, Travellers Bungalow Road Kamaraj Nagar 1st Street Valliyoor, Tirunelveli District 3.The Competent Authority / Special District Revenue Officer (LA-NH) National Highways Thiyagaraya Nagar Tirunelveli 4.The Secretary Surface and Road Transport Ministry New Delhi 5.The Secretary Ministry of Environment and Forest New Delhi 6.The District Collector Kanyakumari District Kanyakumari 7.The Environmental Engineer Pollution Control Board Kanyakumari District 8.The Executive Engineer / WRO Kothayaru Irrigation Project Public Works Department Kanyakumari Division Nagercoil, Kanyakumari District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the impugned notification issued under Section 3-A of The National Highways Act, 1956 in proceedings No.S.O.375(E), dated 15.02.2010 in so far as the lands comprised in Kulasekarapuram Village, Agasteswaram Taluk and proceedings No.S.O.399(E), dated 16.02.2010 in so far as the lands comprised in Eravipudur Village, Agasteswaram Taluk, under notification issued by the third respondent published in Dhina Thanthi newspaper dated 20.03.2010 and the consequential order dated 08.07.2010 in proceedings No.Na.Ka.No.

J/4/3/2010, on the file of the third respondent and quash the same and for further direction directing the respondents 1 to 4 to deviate the alignment in between KM88/800 and KM 92/100 (Existing KM642/800 and KM646/238) NH47, package II, Nagercoil - Kanyakumari sketch from the existing proposed alignment in so far as the petitioners are concerned. For Petitioners : Mr.M.P.Senthil For Respondents : Mr.K.Govindarajan Deputy Solicitor General of India for R1, R4 & R5 Mr.D.Sadiq Raja Additional Government Pleader for R3, R6 & R8 M/s.C.Arul Vadivel Associates for R2 Ms.

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The notification issued under Section 3-A of The National Highways Act, 1956 is under challenge in this writ petition.

2. Learned counsel appearing for the petitioners submitted that during the pendency of this writ petition, the acquisition proceedings has been completed, award has been passed and the project has also been implemented.

3. In view of the above submission, no further adjudication is required in this writ petition. Accordingly, this writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [V.L.N., J.] 06.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The General Manager (NS-2), National Highways Authority of India, G-526, Sector-10, Dwarka, New Delhi-110 075.

2.The Competent Authority / Special District Revenue Officer, (LA-NH), National Highways, Thiyagaraya Nagar, Tirunelveli.

3.The Secretary, Surface and Road Transport Ministry, New Delhi.

4.The Secretary, Ministry of Environment and Forest, New Delhi.

5.The District Collector, Kanyakumari District, Kanyakumari.

6.The Executive Engineer / WRO, Kothayaru Irrigation Project, Public Works Department, Kanyakumari Division, Nagercoil, Kanyakumari District.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and M.P.(MD) Nos.2 & 3 of 2010 06.10.2023