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Madras High CourtWP(MD)/22532/2018withdrawn dismissed

Kallagam Village, v. Union Of India,

2018-11-08Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.[MD]No.22532 of 2018 and W.M.P.[MD]No.20380 of 2018 Kallagam Village, Rep. by M.Rajangam, No.1/45, Trichy Chidambaram Salai, Kallagam, Lalgudi Taluk, Tiruchirapalli District.

: Petitioner Vs.

1.Union of India, Represented by its Secretary, Ministry of Road & Transport, New Delhi.

2.National Highways Authority of India, No.D.P.34, Sri Towers, South Phase, 3rd Floor, Guindy, Chennai - 600 032.

3.The District Collector, Tiruchirapalli District.

4.The District Revenue Officer (Land Acquisition), National Highways, Tiruchirapalli.

5.The Special Tashildar, Trichy / Ariyalur / Chidambaram Division, National Highways No.277, Unit 2, Tiruchirapalli.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus forbearing the respondents herein from acquiring the lands as proposed in the Kallagam Village, Lalgudi Taluk, Trichy District for the purpose of extending the National Highway No.227 as as 4-Lane way road. For Petitioner : Mr.J.Anandkumar for Mrs.AL.Ganthimathi For Respondents 1&2 : Mr.K.Prabhu Central Government Standing Counsel For Respondents 3 to 5 : Mr.N.Shanmugaselvan Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The learned Counsel for the petitioner made an endorsement indicating that he is withdrawing the Writ Petition with liberty to approach the appropriate authority including Courts, in case there is an attempt to acquire the lands. The learned Counsel also seeks liberty to file proceedings in representative capacity. 2.In view of the endorsement so made, the Writ Petition is dismissed as withdrawn with such liberty. However, we make it clear that the expression 'liberty' should not be construed to be an expression of opinion on the merits of the matter. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (WRIT) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Secretary, Ministry of Road & Transport, New Delhi.

2.The District Collector, Tiruchirapalli District.

3.The District Revenue Officer (Land Acquisition), National Highways, Tiruchirapalli.

4.The Special Tashildar, Trichy / Ariyalur / Chidambaram Division, National Highways No.277, Unit 2, Tiruchirapalli.

5.National Highways Authority of India, No.D.P-34, Sri Towers, South Phase, 3rd Floor, Guindy, Chennai -600 032.

+1cc to Mrs.AL.Ganthimathi, Advocate, Sr.No.94571. +1cc to Mr.K.Prabhu, Advocate, Sr.No.94487.

+1cc to Special Government Pleader, Sr.No.94696. Order made in W.P.[MD]No.22532 of 2018 Dated: 08.11.2018 mr/sml RAM-NM/RP/SAR 1/04.12.2018/2P/9C https://hcservices.ecourts.gov.in/hcservices/