Sathasivam. M v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.13389 & 13391 of 2024 M.Sathasivam ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Secretary to Government, Highways and Minor Ports Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

3.The District Revenue Officer, Land Acquisition, Collectorate Buildings, Tiruchirappalli-620 001.

4.The Chief Engineer (H), Projects Wing, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai-600 025.

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5.The Superintending Engineer (H), Highways Department, Trichy Circle, Trichy.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the proceedings bearing No. Ne.A-VI(2)/6943539/2024, dated 20.05.2024, on the file of the 2nd respondent and to quash the same as illegal and without jurisdiction.

For Petitioner : Mr.Sharath Chandran For Respondents : Mr.Veerakathiravan Additional Advocate General assisted by Mr.K.Balasubramani Special Government Pleader

ORDER

Heard the learned counsel for the petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader for the respondents.

2. Notification under Section 15(2) of the Tamil Nadu Highways Act, 2001 was issued on 13.06.2018. The petitioner along with others offered their objections. The objections were overruled by the Commissioner of Land Administration, Chepauk, Chennai on 20.05.2024. Challenging the same, this writ petition came to be filed.

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3. When the matter was taken up for hearing, the learned Additional Advocate General submitted that after passing of the order under Section 15(3) of the Act, notification under Section 15(2) of the Act was issued on 20.05.2024. Therefore, the petitioner has to necessarily challenge the aforesaid notification and the writ petition has become infructuous. I find force in the said contention of the learned Additional Advocate General appearing for the respondents. The Writ Petition is closed with liberty to the petitioner to challenge the notification under Section 15(1) of the Act. No costs. Consequently, connected miscellaneous petitions are closed. 10.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The Secretary to Government, Highways and Minor Ports Department, Secretariat, Fort St.George, Chennai-600 009.

2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.

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G.R.SWAMINATHAN, J.

rmi 3.The District Revenue Officer, Land Acquisition, Collectorate Buildings, Tiruchirappalli-620 001.

4.The Chief Engineer (H), Projects Wing, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai-600 025.

5.The Superintending Engineer (H), Highways Department, Trichy Circle, Trichy.

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