Muthupandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI and W.M.P(MD).No.16716 of 2019 Muthupandi ... Petitioner Vs.

1.The District Collector, 2.The Chief Executive Engineer, Guindy, Chennai.

3.The Superintendent of Engineer, 4.The Assistant Executive of Engineer, Construction of High Level, Bridge Across the River Vaigai Connecting Paravi in SHU 100 and Thuvariman in Madurai Melakal Road, Madurai (234) ... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to cancel the malafide land acquisition bearing S.Nos.101/1A, 100/1C1, 100/3A1, 161/1, 166/3A1A, 166/3B, 166/2B, 161/5, 161/6, 161/7A and other related lands prevailing at Paravai Village-Bit I and II Maudrai North Taluk, Madurai District, which is proposed as 3rd plan in the Construction of High Level Bridge Across the River Vaigai 1/3

Connecting Paravai in SHU 100 and Thuvariman in Madurai Melakal Road, Madurai(234), and to direct the 4th respondent to execute the first land acquisition project based on the 1st respondent proceedings in Na.Ka.No.2693/2015/B4, dated 12.03.2018 as per the petitioner's representation dated 08.07.2019. For Petitioner : Mr.S.Krishnan For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader

O R D E R

(Order of this Court was made by T.S.SIVAGNANAM, J) Heard S.Krishnan, learned counsel appearing for the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the respondents.

2.After some arguments, the learned counsel for the petitioner seeks permission to withdraw this Writ Petition with liberty to challenge the land acquisition proceedings with an appropriate prayer. As he has stated to be one of the owners who is aggrieved by the acquisition, we cannot, at this instance, entertain this Public Interest Litigation. Hence, this Writ Petition is dismissed with the above observation with liberty. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Writs) // True Copy // Sub Assistant Registrar(CS) Ns To 1.The District Collector, 2.The Chief Executive Engineer, Guindy, Chennai.

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3.The Superintendent of Engineer, 4.The Assistant Executive of Engineer, Construction of High Level, Bridge Across the River Vaigai Connecting Paravi in SHU 100 and Thuvariman in Madurai Melakal Road, Madurai (234), Madurai.

+1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 88405 and W.M.P(MD).No.16716 of 2019 19.09.2019 db(CO) TR(10.10.2019) 3P 6C 3/3