B.Bommu Raj v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2023

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.1026 to 1028 of 2020 B.Bommu Raj ... Petitioner /vs./ 1.The Union of India, represented by the Secretary, Department of Road Transport and Highways, G5 & 6, SECTOR 10, Dwarka, New Delhi 10.

2.The National Highways Authority of India, represented by its Regional Officer, 2nd and 3rd Floor, Vijay Krishna Plaza, No.1, Lake Area, Melur Main Road, Mattuthavani, Madurai 625 007.

3.The Competent Authority and Special District Revenue Officer, 1/4

Land Acquisition-National Highways NH 209, Dindigul, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining the impugned order in Na.Ka.No.1697/2018/A1/CU-209 dated 29.09.2018 on the file of the respondent No.3 and quash the same as illegal and consequently forbear the respondents 1 to 3 from acquiring the Agricultural water well in situated in Survey Number 172/2C in Reddiyapatti Village, Ottanchathiram Taluk, Dindigul District within the time frame stipulated by this Court. For Petitioner : Mr.S.Rajasekar For R1 : Mr.M.Karthikeya Venkatachalapathy For R2 : Mr.C.Arul Vadivel @ Sekar For R3 : Mr.D.Ghandiraj Special Government Pleader

ORDER

The writ petition has been filed seeking for a Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No. 1697/2018/A1/CU-209 dated 29.09.2018 on the file of the third respondent, to quash the same as illegal and to forbear the respondents 1 to 3 from acquiring the 2/4

agricultural water Well situated in S.No.172/2C at Reddiyapatti Village, Ottanchathiram Taluk, Dindigul District.

2.In the counter of the respondents 1 and 2, it had been stated as follows:- "It is submitted that the notification dated 29.09.2018 challenged in the writ petition is a further notification which is noway connected with the SC.172/2C. In the earlier notification dated 17.03.2018, 22 sqm in S.No. 172/2C has been notified. The well mentioned in the writ petition has not been acquired and it is not disturbed."

3.In the light of the admission made in the counter of the respondents 1 and 2, no further orders are required in the above writ petition and accordingly, the Writ Petition stands closed. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. Speaking : Yes / No 17.03.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/4

P.T.ASHA, J.

mm To The Competent Authority and Special District Revenue Officer, Land Acquisition-National Highways NH 209, Dindigul, Dindigul District.

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