Prakasammal. H v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15473 of 2022 and W.M.P.(MD)No.11114 of 2022 H.Prakasammal ... Petitioner Vs.

1.The Secretary, Tamil Nadu Highways Department, St.George Fort, Chennai-600 009.

2.The Chief Engineer, Tamil Nadu Highways Department, St.George Fort, Chennai-600 009.

3. The District Collector, Madurai District, Collectorate Buildings, Madurai-625 020.

4.The Special District Revenue Officer, Land Acquisition and Management Unit, Madurai Collectorate Building, Madurai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records 1/4

relating to the impugned notice dated 09.05.2022 issued by the fourth respondent to the petitioner in Na.Ka.No.7/2022/SH1 regarding S.No. 157/5B Mannadimangalam Village, Vadipatti Taluk, Madurai District and to quash the same and consequently, directing the respondents to implement the old plan as stated by the petitioner in the representation dated 21.06.2022.

For Petitioner : Mr.R.Saravanakumar For Respondents : Mr.G.Sivaraja Government Advocate

O R D E R

Heard the learned counsel on either side.

2. The writ petitioner challenges the impugned notice issued under Section 15(2) of the Tamil Nadu Highways Act, 2001.

3. The petitioner has come to the Court at the notice stage itself. The impugned notice itself clarifies that objections can be submitted and that the same would be considered by the competent authority. The petitioner has rushed to the Court prematurely. 2/4

4. Leaving open the petitioner's rights and remedies, the Writ Petition is dismissed. No costs. It is open to the petitioner to come to the Court at the appropriate stage. I make it clear that I have not gone into the merits of the matter. Consequently, connected miscellaneous petition is closed.

18.07.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Secretary, Tamil Nadu Highways Department, St.George Fort, Chennai-600 009.

2.The Chief Engineer, Tamil Nadu Highways Department, St.George Fort, Chennai-600 009.

3. The District Collector, Madurai District, Collectorate Buildings, Madurai-625 020.

4.The Special District Revenue Officer, Land Acquisition and Management Unit, Madurai Collectorate Building, Madurai.

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G.R.SWAMINATHAN,J.

rmi W.P.(MD)No.15473 of 2022 and W.M.P.(MD)No.11114 of 2022 18.07.2022 4/4