Vairava Sundaram, v. The District Revenue Officer &

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)Nos.5752 & 6648 of 2019 &WMP(MD).Nos.4535 & 5003 of 2019 &WMP(MD).Nos.5306 & 5307 of 2019 P.Vairava Sundaram ...Party-in-Person/ Petitioner in both WPs -Vs1.The District Revenue Officer & The Special District Revenue Officer(Land Acquisition) District Collectorate Officer, Madurai.

2.The Additional Chief Secretary to Government, Highways and Minor Ports Department, Secretariat, Fort St.George, Chennai.

3.The Executive Director, Tamil Nadu Road Infrastructure Development Corporation, Chennai -2.

...Respondents in WP(MD)

No.5752 of 2019 (R2 and R3 are impleaded vide Court order dt.27.03.19 in WMP(MD).No.5003/19) 1.The Additional Chief Secretary to Government, Highways and Minor Ports Department, Secretariat, Fort St. George, Chennai-9.

2.The Executive Director, Tamil Nadu Road Infrastructure Development Corporation, Chennai-2.

3.The District Revenue Officer & the Special District Revenue Officer (Land Acquisition), District Collectorate Office, Madurai. ... Respondent in WP(MD)No. 6648 of 2019 Prayer in WP(MD)No.5752 of 2019: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records of the respondent in the impugned proceedings Na.Ka.No.38334/2018/gp3 dated 22.02.2019 and quash the same and consequently direct the respondent to provide details of information as stated in the representation of the petitioner dated 15.02.2019 and give opportunity to this petitioner to raise his valuable objections and considering the same the 1/3

respondent may pass appropriate orders on merits within a time to be stipulated by this Hon'ble Court and that in event this Hon'ble Court deems it appropriate to hold that the respondent cannot initiate proceedings under Tamil Nadu Highways Act, 2001 quashed the entire impugned proceedings as non-est in law. Prayer in WP(MD). 6648/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari, calling for the record of the 1st respondent issued under section 15(1) of Tamil Nadu Highways Act,2001, Tamil Nadu Highways Department Government Order 3(D) No.3 Highways and Minor Ports Department(H.S.1) dated 07.03.2019 and the publication effected thereon in Tamil Nadu Government Gazette Extra-Ordinatry Part.II., Section 2 Issue No.108 dated 07th March 2019 at page number 6 serial number 14 Survey No. 80/8A2 of Vandiyur Bit-1 Village, Madurai East Taluk, Madurai District (Previously Madurai North Taluk as per patta No.1334) and quash the same as to extent of 3645 Sq.ft alone of the intended acquisition extent of 00.03.87 sq meter mentioned in the said gazette and also consequently quash the notice issued by the 3rd respondent under section 16(2) of Tamil Nadu Highways Act, 2001 in proceedings Na.Ka.No.38336/2018/B3, dated 08.03.2019.

For Petitioner : Party - in - person For Respondents : Mr.K.P.Krishna Doss Special Government Pleader

ORDER

The petitioner/party-in-person seeks permission of this Court to withdraw this Writ Petition and he has also given a letter dated 05.11.2020 to that effect.

2.Recording the said submission of the petitioner as well as the letter he has given, this Writ Petition is dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Tsg-2 2/3

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 Revenue Officer & The Special District Revenue Officer(Land Acquisition) District Collectorate Officer, Madurai.

2.The Additional Chief Secretary to Government, Highways and Minor Ports Department, Secretariat, Fort St.George, Chennai.

3.The Executive Director, Tamil Nadu Road Infrastructure Development Corporation, Chennai -2.

+1CC TO SPL GP SR NO.22063 Order made in W.P.(MD)Nos.5752 & 6648 of 2019 11.11.2020 VB (27.11.2020) 3P 5C 3/3