Mrs.Esthar Vasanthi v. Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.11676 & 11677 of 2018 and 301 of 2019 Esthar Vasanthi ... Petitioner Vs.
1.Government of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Industries Department, Fort St. George, Secretariat, Chennai - 600 009.
2.Government of Tamil Nadu, Rep. 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 Salani Road Kaja Nagar, Thiruchirapalli - 620 020.
... Respondents PRAYER : 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 GO (MS) No.251 Industries (SIPCOT-LA) Department dated 31.12.2014 issued by Respondent No.1 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 Na.Ka.294/2014/A3 (Additional-1) on the file of the respondent
No.4 dated 30.08.2017 as illegal insofar as petitioner's shop and house survey No.423/2D1N, Tirunelveli to Tenkasi Road, Sivalarkulam Village, Alangulam Taluk, Tirunelveli District in an extent of 0.0071 sq. meter is initiated by respondent No.4 invoking Sections 15 & 16 of the Tamil Nadu Highways Act, 2001 and rules as null and void.
For Petitioner :
Mr.S.Rajesekar For Respondents :
Mr.Veera Kathiravan, Addl. Advocate General assisted by Mr.K.Balasubramani, Spl. Govt. Pleader.
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] The learned counsel appearing for the petitioner has circulated a letter, dated 20.02.2023, to the Registry, seeking permission of this Court to withdraw this Writ Petition.
2. Recording the same, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., J.] [L.V.G., J.] 23.02.2023 Index : Yes / No Internet : Yes / No vsm
To 1.The Additional Chief Secretary to Government, Industries Department, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.
2.The Principal Secretary, 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 Salani Road Kaja Nagar, Thiruchirapalli - 620 020.
D.KRISHNAKUMAR , J.
and L.VICTORIA GOWRI, J.
vsm 23.02.2023