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Madras High CourtWA(MD)/33/2020withdrawn dismissed

Muthu Pillai v. P.Jayachandran

2020-01-21Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

W.A(MD)No.33 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.A(MD)No.33 of 2020 and C.M.P(MD)No.463 of 2020 1.Muthu Pillai 2.Jayamani 3.Mohan ... Appellants / Respondents 3 to 5 Vs.

1.P.Jayachandran ... 1st Respondent / Writ Petitioner 2.The Competent Authority (Land Acquisition), National Highways (NH-49), Special District Revenue Officer, Office of the District Collectorate Complex, Ramanathapuram District, Ramanathapuram.

3.The Special Tahsildar (Land Acquisition), National Highways (NH-49) - Unit II, Manamadurai, Sivagangai District.

... Respondents 2 & 3 / Respondents 1 & 2 Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 20.12.2019 made in W.P(MD)No.17023 of 2019 on the file of this Court.

Prayer in WP(MD). 17023/ 2019 :

Petition praying that in the cirumstans stated therein and in the affidavit filed therewith, the High Court will be pleased to issue Writ of Mandamus, directing the respondents 1 and 2 to refer the dispute relating to the apportionment of the compensation amount referred in proceedings of 1st respondent in Ref.No.RoC.Nh49/UnitV/121/2015 dated 04/06/2019 to the Principal Civil Court as contemplated under Sec.3-H(4) of National Highways Act, 1956 . For Appellants : Mr.D.Sivaraman For RR 2 & 3 : Mr.S.Angappan, Government Advocate.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A(MD)No.33 of 2020

JUDGMENT

(Judgment of the Court was delivered by M.DURAISWAMY,J.) The learned counsel appearing for the appellants seeks the permission of this Court to withdraw the Writ Appeal with liberty to file appropriate application before the learned Single Judge for vacating the interim order. The learned counsel has also made an endorsement to that effect.

2.In view of the same, the Writ Appeal is dismissed as withdrawn. It is open to the appellants to file appropriate application before the learned Single Judge seeking to vacate the interim order. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) ps To 1.The Competent Authority (Land Acquisition), National Highways (NH-49), Special District Revenue Officer, Office of the District Collectorate Complex, Ramanathapuram District, Ramanathapuram.

2.The Special Tahsildar (Land Acquisition), National Highways (NH-49) - Unit II, Manamadurai, Sivagangai District.

+1 CC to Mr.S.SIVARAMAN, Advocate ( SR-2295[F] dated 22/01/2020 ) +1 CC to SPL.GP ( SR-2349[F] dated 22/01/2020 ) W.A(MD)No.33 of 2020 21.01.2020 VB(29.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2