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Madras High CourtWP(MD)/1094/2018withdrawn dismissed

M. Amutha, v. Govt. Of Tamil Nadu,

2021-09-20Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P(MD)Nos.1153, 1154 & 18160 of 2018 M.Amutha ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by the Additional Chief Secretary to Government, Industries Department, Fort. St. George, Secretariat, Chennai - 600 009.

2.The Government of Tamil Nadu, Represented by the Principal Secretary, Department of High Ways and Minor Port Department, Fort. St. George, Secretariat, Chennai - 600 009.

3.The Project Director, Tamil Nadu Road Sector Project II, No.171, Kesonaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai - 600 028.

4.The District Revenue Officer (Land Acquisition Officer), O/o.District Revenue Officer Land Acquisition, Tamil Nadu Road Sector Project II, No.14, Hazrath Abdulla Salam Road Kaja Nagar, Thiruchirappalli - 620 020.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the Sections 15 & 16 of the Tamil Nadu Highways Act, 2001 and Rules made there under including G.O(Ms)No.251, Industries (SIPCOT-LA) Department dated 31.12.2014 issued by the first respondent as illegal and unconstitutional as it is inconsistent and repugnant to the Central Law namely Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after refer to as New Central Act 2013), and consequently declare the acquisition proceedings initiated by proceedings in 1/3

Na.Ka.294/2014/A3 (Addl.) on the file of the fourth respondent dated 30.08.2017 as illegal in so far as petitioner's shop and house in Survey No.383/2A, Tirunelveli to Tenkasi Road, Sivalarkulam Village, Alangulam Taluk, Tirunelveli District in an extent of 0.0031 sq. meter initiated by the fourth respondent invoking Sections 15 & 16 of the Tamil Nadu Highways Act, 2001 and Rules as null and void.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner seeks the permission of this Court to withdraw the Writ Petition. Further, the learned counsel has also given a letter to the Registrar (Judicial), dated 02.09.2021 for listing the matter under the caption 'for withdrawal'.

2.In view of the submission made by the learned counsel for the petitioner, the Writ Petition stands dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) indu/ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To 1.The Additional Chief Secretary to Government, The Government of Tamil Nadu, Industries Department, Fort. St. George, Secretariat, Chennai - 600 009.

2.The Principal Secretary, The Government of Tamil Nadu, Department of High Ways and Minor Port Department, Fort. St. George, Secretariat, Chennai - 600 009.

3.The Project Director, Tamil Nadu Road Sector Project II, No.171, Kesonaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai - 600 028.

4.The District Revenue Officer (Land Acquisition Officer), O/o.District Revenue Officer Land Acquisition, Tamil Nadu Road Sector Project II, No.14, Hazrath Abdulla Salam Road Kaja Nagar, Thiruchirappalli - 620 020.

20.09.2021 NSN(CO) SB(29.09.2021) 3P 5C 3/3