Chella Nadar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Chella Nadar ... Petitioner vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Competent Authority & District Revenue Officer, Land Acquisition National Highways, Tirunelveli @ Nagercoil, Kanyakumari District. 3.The Project Director cum DGM (Tech), No. 314E, K.P.Road, Near Ayyappan Kovil, Parvathipuram, Nagercoil -629 003, Kanyakumari District. 4.The Union of India, Rep. by its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, No.1, Parliament Street, New Delhi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus after calling for all the records pertaining to the passing of the order dated 15.04.2020 in Proceedings Na.Ka.No.U2/3735/2020 on the file of the 1st respondent 1/4

and quash the same and consequently directing 2nd respondent to pass award for the land in S.No.847/9 and 847/8 (63 Sq.Links) at Valvachangostam Village, Kalkulam Taluk, Kanyakumari District as per 3A Notification under the National Highways Act and pay the compensation as per Section 26 to 30 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).

For Petitioner :Mr.G.Justin For R1 and R2 :Ms.D.Farjana Ghousia Special Government Pleader For R3 :Mr.Su.Srinivasan For R4 :Mr.Ashokmohanram *****

O R D E R

When the matter came up for hearing on 19.10.2023, it was informed by the learned Counsel for the petitioner that the petitioner died and therefore, in order to get instructions and to file application for substituting the legal heirs in the place of deceased petitioner, he sought some time. Even today, the learned Counsel for the petitioner has not received any information to substitute the legal representatives. 2.In view of the same, the Writ Petition stands dismissed as abated. As and when the legal representatives approached the learned Counsel 2/4

for the petitioner, a petition to set aside the abatement and restoration petition can be filed. No costs.

Index :Yes / No 09.11.2023 Internet :Yes / No (5/5) NCC :Yes / No cmr To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Competent Authority & District Revenue Officer, Land Acquisition National Highways, Tirunelveli @ Nagercoil, Kanyakumari District. 3/4

N.ANAND VENKATESH, J.

cmr 09.11.2023 (5/5) 4/4