Madras High CourtWA(MD)/1040/2016dismissed

A.Rohinikumar v. The Secretary

2018-06-12Honourable Mr Justice K. Ravichandrabaabu,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.A(MD)NO.1040 OF 2016 and C.M.P(MD)No.6310 of 2016 A.Rohinikumar :Petitioner/Appellant .vs.

1.The Secretary, Ministry of Transport and Highways, Government of India, New Delhi.

2.The Special District Revenue Officer, (Land Acquisition), National Highways, 299/A1 A2-3d, Middle Street, Thinaga Nagar, Tirunelveli -11.

3.The Project Director, National Highways Authority of India, Tirunelveli..

: Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.2922 of 2014, dated 20.11.2015.

Prayer in WP(MD). 2922/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records relating to the notification passed by the respondents under sub- section (1) of Section 3D of National Highways Act , 1956 (48 of 1956) in No. S.No. 438 (E) dated 25.02.2011 and quash the same.

For Appellant : M/s.K.Sudalaiyandi For Respondent-2 : Ms.V.P.M.Vaishnavi Government Advocate For Respondent-3 : Mr.C.M.Mari Chelliah Prabu Addl.Govt.Pleader JUDGEMENT [Judgement of the Court was made by K.RAVICHANDRABAABU,J.] https://hcservices.ecourts.gov.in/hcservices/ It is represented by both sides that the connected Writ Appeals arising out of the common order passed in the Writ Petition were

dismissed by the Division Bench of this Court, however, by granting liberty to the appellants therein to approach the Appellate Forum, subject to the Law of Limitation, if they are aggrieved by the inadequacy of award of compensation.

2.One such order made in W.A(MD)Nos.402 etc., of 2016, dated 26.03.2018 is produced before us. Both sides represent that the same order can be passed in this Writ Appeal also, since the above order passed by the Division Bench also is arising out of the common order passed in the Writ Petition.

3.Considering the above-stated facts and circumstances, this Writ Appeal is dismissed, however, with liberty to the appellant to approach the Appellate Forum, subject to the Law of Limitation, if they are aggrieved by the inadequacy of award of compensation. No costs. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Ministry of Transport and Highways, Government of India, New Delhi.

2.The Special District Revenue Officer, (Land Acquisition), National Highways, 299/A1 A2-3d, Middle Street, Thinaga Nagar, Tirunelveli -11.

3.The Project Director, National Highways Authority of India, Tirunelveli.

+1cc to M/S.K.Sudalaiyandi, Advocate SR.No. 67903 +1cc to Special Government Pleader, SR.No. 67996 JUDGEMENT MADE IN W.A(MD)NO.1040 OF 2016 and C.M.P(MD)No.6310 of 2016 12.06.2018 vsn JM/SV MMS/SAR 2/25.06.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/