Madras High CourtWP(MD)/15541/2017closed

Nainar, S/O.Ramalinga Nadar v. Ministry Of Road Transport And

2018-11-09Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.11.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.15541 of 2017 and W.M.P(MD).No.12290 of 2017 Nainar ..Petitioner Vs.

1. Ministry of Road Transport and Highways, Union of India, rep., by its Secretary, Transport Bhavan, Sansad Marg, New Delhi-110 001.

2.The State of Tamil Nadu, rep., by its Secretary, Revenue Department Secretariat, Chennai-600 009.

3. The Project Director, National Highway Commission, At 112, Rahmath Nagar East, Thoothukudi Road, Tirunelveli-11.

4. The District Collector-cum-Regional Transport Authority, Tirunelveli District, Tirunelveli.

5. The Divisional Engineer, National Highways Department, Tirunelveli-3.

6. The Special District Revenue Officer, (Land Acquisition), Tamil Nadu Road Development Project-II, Trichirappalli.

7. The Divisional Engineer, Tamil Nadu Road Sector Project-II(TNRSP), Tirunelveli.

... Respondent (R7 impleaded vide Court order dated 21.09.2017 in W.M.P(MD).No.14081 of 2017 in W.P(MD).No.15541 of 2017)

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to forbear the respondents from acquiring the Well to lay four lane road situated in Survey No.117/1 admeasuring 1 acre 31 cents comprised in Aundipatti Village, Alangulam Taluk, Tirunelveli District which is only a source to fetch water for irrigation to the rest of the petitioner's property admeasuring 78 cents after acquired 53 cents. For Petitioner : Mr.S.Sivakumar For R1 : Mr.P.Paulpandi For R2, R4 to R6 : Mr.M.Rajarajan Government Advocate For R3 : No appearance

ORDER

After filing of this writ petition certain subsequent developments have appeared to have taken place, which has rendered this Writ Petition infructuous. However, liberty is given to the petitioner to question any acquisition proceedings, which may affect him.

2. With this liberty to the petitioner, this Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Secretary, State of Tamil Nadu, Revenue Department Secretariat, Chennai-600 009.

2. The District Collector-cum-Regional Transport Authority, Tirunelveli District, Tirunelveli.

3. The Divisional Engineer, National Highways Department, Tirunelveli-3.

4. The Special District Revenue Officer, (Land Acquisition), Tamil Nadu Road Development Project-II, Trichirappalli.

+ 1 CC TO Mr.P.PAUL PANDI, ADVOCATE IN SR No. 94600 + 1 CC TO Mr.S.SIVAKUMAR, ADVOCATE IN SR No. 94710 RMK TE/BK/SAR-4 : 06/12/2018 : 3P/7C W.P(MD)No.15541 of 2017 09.11.2018