Indra Ganesan College Of - v. Union Of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2023 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P (MD) No. 5032 of 2017. M.P. (MD) Nos. 1 and 2 of 2011 Indra Ganesan College of Engineering Rep. by its Chairman T.Ganesan ... Petitioner Vs.

1. Union of India, Rep. by its Secretary, Ministry of Road Transport and Highways, New Delhi.

2. National Highways Authority of India, Ministry of Road Transport and Highways, Rep. by its Secretary, G5 & 6, Sector 10, Dwaraka, New Delhi-110 075.

3. The Project Director, National Highways Authority of India, New No. 6,(Old No. 44) I Floor, 2nd Main Road, Pon Nagar, Trichy- 620 001.

...Respondents

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Prayer:- Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorari, calling for the records of the 1st respondent made in the notification bearing S.O.NO. 12(E) dated 05.01.2010 issued by the Ministry of Road Transport and Highways, New Delhi and quash the same. For Petitioner : Mr. B.Prasanna Vinodh For Respondents : Mr. S.Jeyasingh, Senior Panel Counsel for R1 Mr. Arul Vadivel @ Sekar for R2 and R3

O R D E R

Heard Mr. B.Prasanna Vinodh, Learned Counsel for the Petitioner, Mr. S.Jeyasingh, Learned Senior Panel Counsel for the First Respondent and Mr. Arul Vadivel @ Sekar, Learned Counsel appearing for the Second and Third Respondents and perused the materials placed on record apart from the pleadings of the parties.

2.

The Writ Petition challenges the notification dated 05.01.2010 in S.O.No. 12(E) issued by the Ministry of Road Transport and Highways, New Delhi.

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3.

It has been brought to notice that challenge to the same notification has been upheld by Order dated 27.02.2014 in W.P. (MD) No. 1890 of 2013 passed by this Court and confirmed by order dated 22.09.2014 in W.A. (MD) No.968 of 2014 by the Division Bench of the Court. 4.

In view of the aforesaid binding decision, the Petitioner is not entitled to the relief sought in the Writ Petition.

In fine, the Writ Petition is dismissed. Consequently connected Miscellaneous Petitions are closed. No costs. 11.01.2023 PKN NCC : Yes/No Index : Yes/No Internet : Yes/No Note: Issue order copy on 30.01.2023.

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1. Union of India, Rep. by its Secretary, Ministry of Road Transport and Highways, New Delhi.

2. National Highways Authority of India, Ministry of Road Transport and Highways, Rep. by its Secretary, G5 & 6, Sector 10, Dwaraka, New Delhi-110 075.

3. The Project Director, National Highways Authority of India, New No. 6,(Old No. 44) I Floor, 2nd Main Road, Pon Nagar, Trichy- 620 001.

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P.D.AUDIKESAVALU,J.

PKN 11.01.2023 5/5