Madras High CourtWP(MD)/8626/2020dismissed as infructuous

K. Ganesan v. The Dist.Collector

2020-08-17Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD) No.8626 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.08.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.8626 of 2020 K.Ganesan Petitioner Vs.

1.The District Collector, Dindigul District , Dindigul.

2.The authorized officer and Special District Revenue Officer, (Land Acquisition) NH-785, No.11 A, Indira Nagar, Chenamanayakanpatti, Dindigul, Dindigul District. 3.The Project Director, NH-785, K.K. Nagar, Madurai.

4.The Thasildar, (Land Acquisition), Natham Taluk, Dindigul District.

5. K.Soman Respondents Prayer : Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to conduct and complete the enquiry based on the proceedings of the 1st respondent in Na.Ka.No.31844/2017/E2, Dated 10.01.2019.

For Petitioner : Mr.S.Sarvagan Prabhu For R1, R2 and R4 : Mr.M.Rajarajan, Additional Government Pleader.

For R3 : Mr.Arul Vadivel @ Sekar Standing Counsel.

ORDER

This writ petition is filed seeking for a direction, to direct the second respondent to conduct and complete the enquiry based on the proceedings of the first respondent in Na.Ka.No.31844/2017/E2, Dated 10.01.2019.

2.When the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents filed a counter-affidavit, wherein it is stated in paragraph Nos.11 and 12 as follows:

"11. It is submitted that the revenue records stand in the joint names of Rathinam, S/o. Maruthai Asari, Krishnammal, W/o.Kamatchi Chettiar, Krishnan, S/o.Kamatchi Chettiar and Dhanapal, S/o.Kamatchi Chettiar. Neither the name of the writ petitioner nor the name of the fifth respondent are found in the revenue Records.

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

W.P.(MD) No.8626 of 2020 12.Further the survey number and extent of the property mentioned in the writ petition and the acquisition notification are different. The 2nd respondent has issued enquiry notice to the writ petitioner on 05.08.2020 to appear before him for enquiry with relevant records on 12.08.2020."

He also submitted that the enquiry has been completed, but, no order has been passed.

3. In view of the above, nothing survives for further adjudication. This Writ Petition is dismissed as infructuous. No costs. However, the second respondent has to pass final order as expeditiously as possible.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) das Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector, Dindigul District , Dindigul.

2.The authorized officer and Special District Revenue Officer, (Land Acquisition) NH-785, No.11 A, Indira Nagar, Chenamanayakanpatti, Dindigul, Dindigul District.

3.The Project Director, NH-785, K.K. Nagar, Madurai.

4.The Thasildar, (Land Acquisition), Natham Taluk, Dindigul District. +1 CC to M/s.S.SARVAGAN PRABHU,Advocate(SR-13781[F] dated 7/08/2020) +1 CC to M/s.GP ( SR-14415[F] dated 19/08/2020 ) W.P.(MD) No.8626 of 2020 17.08.2020 SPU(26.08.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2