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Madras High CourtWP(MD)/14040/2020closed

C.Rukmani v. Union Of India

2023-12-07Honourable Mr Justice N. Anand Venkatesh9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).Nos.11697, 11699, 11708 of 2020 and 17091 of 2021 W.P.(MD).No.14040 of 2020:

C.Rukmani ... Petitioner Vs.

1.Union of India, Represented by its Under Secretary, 3.S.Maheshwaran, ETBNMTPL Projects, Magizh Illam, Door No.13/2957-20, 1st Floor, 2nd Street North Atmanatha Swamy Nagar, Pattinamkathan, Ramanathapuram, Ramanathapuram District.

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4.U.Raju, New No.2/643, 6th Main Road, Gomathipuram, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned notification issued by the first respondent in S.O.No.2841(E) dated 01.08.2019 published in the Gazette of India (Extraordinary) Part II Section 3(ii) dated 07.08.2019 and the consequential proceedings of the third respondent in ETBPNMTPL No.2/2019 Madurai dated October 2019 and the notifications issued by the fourth respondent in ETBPNMTPL No.2/2020 Madurai dated NIL in respect of Survey No.84/6, Thamaraipatti II Village, Madurai and ETBPNMTPL No.2/2020 Madurai dated NIL in respect of Survey Nos.52/5, 52/3B, Thamaraipatti II Village, Madurai, and quash the same as illegal. W.P.(MD).No.14043 of 2020:

S.Nagammai ... Petitioner Vs.

1.Union of India, Represented by its Under Secretary, 2/9

3.S.Maheshwaran, ETBNMTPL Projects, Magizh Illam, Door No.13/2957-20, 1st Floor, 2nd Street North Atmanatha Swamy Nagar, Pattinamkathan, Ramanathapuram, Ramanathapuram District.

4.U.Raju, New No.2/643, 6th Main Road, Gomathipuram, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned notification issued by the first respondent in S.O.No.2841(E) dated 01.08.2019 published in the Gazette of India (Extraordinary) Part II Section 3(ii) dated 07.08.2019 and the consequential proceedings of the third respondent in ETBPNMTPL No.2/2019 Madurai dated October 2019 and the notification issued by the fourth respondent in ETBPNMTPL No.2/2020 Madurai dated NIL in respect of Survey No.83/4 and the notification issued by the fourth respondent in ETBPNMTPL No.2/2020 Madurai dated NIL in respect of S.Nos.52/2B, 52/6 and quash the same as illegal. 3/9

W.P.(MD).No.14047 of 2020:

P.L.Meenakshi ... Petitioner Vs.

1.Union of India, Represented by its Under Secretary, 3.S.Maheshwaran, ETBNMTPL Projects, Magizh Illam, Door No.13/2957-20, 1st Floor, 2nd Street North Atmanatha Swamy Nagar, Pattinamkathan, Ramanathapuram, Ramanathapuram District.

4.U.Raju, New No.2/643, 6th Main Road, Gomathipuram, ... Respondents 4/9

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned notification issued by the first respondent in S.O.No.2841(E) dated 01.08.2019 published in the Gazette of India (Extraordinary) Part II Section 3(ii) dated 07.08.2019 and the consequential proceedings of the third respondent in ETBPNMTPL No.2/2019 Madurai dated October 2019 and the notification issued by the fourth respondent in ETBPNMTPL No.2/2020 Madurai dated NIL, and quash the same as illegal.

W.P.(MD).No.20446 of 2021:

M.Balasankar ... Petitioner Vs.

1.Union of India, Represented by its Under Secretary, 3.The Competent Authority, 5/9

4.S.Saravanan, The Competent Authority, Deputy Collector, 5.S.Maheshwaran, Competent Authority cum Deputy Collector, ETBNMTPL Projects, Magizh Illam, Door No.13/2957-20, 1st Floor, 2nd Street North Atmanatha Swamy Nagar, Pattinamkathan, Ramanathapuram, Ramanathapuram District.

6.U.Raju, New No.2/643, 6th Main Road, Gomathipuram, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration, to declare the acquisition proceedings initiated quo the petitioner's land in S.No.50/2, 52/7B1, 52/2A, 52/2B, 52/5, 52/6, 52/3B, 84/2, 84/4B, 84/6, 83/1 and 83/4 in Thamaraipatti Bit -II Village, Madurai East Taluk, Madurai and the consequential proceedings of the third respondent in ROC.NoSRPL/ETBPNMTPL:69/2021 dated 29.10.2021 as illegal. 6/9

(In all Writ Petitions):

For Petitioner : Mr.Mohammed Imran For M/s.Ajmal Associates For R-1 : Mr.Jeyasingh For R-2 : Mr.K.S.SelvaGanesan Additional Government Pleader For R-3 and R-4 : Mr.K.Muraleedharan COMMON O R D E R When the matter came up for hearing on 23.09.2023, this Court passed the following order:

"The learned counsel appearing on behalf of the petitioners seeks for some time to take instructions in this case.

2. The learned Standing Counsel appearing on behalf of the respondents 3 and 4 submitted that already the pipe line has been laid and the work has been completed and therefore nothing survives in these Writ Petitions.

3. Post these Writ Petitions under the caption "For Orders" on 07.12.2023."

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2. When the matter was taken up for hearing today, the learned counsel appearing on behalf of the petitioners confirmed the stand taken by the respondent Corporation.

3. Accordingly, the Writ Petitions are closed having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed. 07.12.2023 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Under Secretary, Union of India, 8/9

N.ANAND VENKATESH, J.

Nsr 07.12.2023 9/9