Mrs.Ranjithakani v. State Rep. By Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.A.(MD)Nos.1242 to 1244, 377 & 378 of 2016 & C.M.P.(MD)Nos.2409 to 2411, 8402 & 8404 of 2016 W.A.(MD)Nos.1242 to 1244 of 2016 Ranjithakani ...Appellant vs.

1.State Rep. by Secretary to Government, Highways Department, Fort St.George, Chennai - 600 009.

2.Chief Engineer, (Constructions and Maintenance), Highways Department, Chepauk, Chennai - 600 005.

3.District Revenue Officer, ... Respondents Prayer: Writ Appeals filed under Clause 15 of the Letters Patent Act praying to allow this appeal by setting aside the orders dated 30.10.2015 in W.P.Nos.11236 to 11238 of 2014 and quash the show cause notice

issued by the third respondent in Na.Ka.E2/9068/2013 dated 28.02.2014 under Section 15(2) of the Tamil Nadu Highway Act, 2001. For Appellants :

Mr.T.Lajapathi Roy, Senior Counsel for Mr.K.Asok Kumar Ram For Respondents :

Mr.R.Baskaran Additional Advocate General Assisted by Mr.D.Sachikumar Additional Government Pleader W.A.(MD)No.377 of 2016 Era.Soundra Pandian ...Appellant vs.

1.District Revenue Officer, 2.T.Balasubramaniya Adithan

...Respondents

Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act praying to allow this appeal by setting aside the orders dated 30.10.2015 in W.P.No.9310 of 2014 and quash the show cause notice issued by the first respondent in Na.Ka.D/39193/2012 dated 21.06.2012. For Appellant :

Mr.T.Lajapathi Roy, Senior Counsel for Mr.K.Asok Kumar Ram

For Respondents :

Mr.R.Baskaran Additional Advocate General Assisted by Mr.D.Sachikumar Additional Government Pleader for R1 W.A.(MD)No.378 of 2016 Era.Soundra Pandian ...Appellant vs.

District Revenue Officer,

...Respondent

Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act praying to allow this appeal by setting aside the orders dated 30.10.2015 in W.P.No.9309 of 2014 and quash the show cause notice issued by the respondent in Na.Ka.E2/9068/2013 dated 28.02.2014 under Section 15(2) of the Tamil Nadu Highway Act, 2001 respectively. For Appellant :

Mr.T.Lajapathi Roy, Senior Counsel for Mr.K.Asok Kumar Ram For Respondent :

Mr.R.Baskaran Additional Advocate General Assisted by Mr.D.Sachikumar Additional Government Pleader

C O M M O N J U D G E M E N T (Judgment of the Court was delivered by P.VELMURUGAN, J.) The appellants have challenged the notifications issued by the District Revenue Officer, Thoothukudi in Na.Ka.E2/9068/2013 dated 28.02.2014 and Na.Ka.D/39193/2012 dated 21.06.2012 by way of filing writ petitions before this Court. The learned Single Judge, after hearing both sides, by order dated 30.10.2015 in W.P(MD)Nos.7413 of 2012, 9309, 9310, 11236 to 11238 of 2014, dismissed all the writ petitions except W.P.(MD)No.9310 of 2014, wherein, a direction was to given to the petitioner therein to work out his remedy before the Civil Court. Challenging the orders passed in W.P(MD)Nos.9309, 9310, 11236 to 11238 of 2014 the present appeals are filed

2. As far as the writ appeals in W.A.(MD)Nos.1242 to 1244 & 378 of 2016 are concerned, the learned senior counsel appearing for the appellants would submit that the Government has dropped the Scheme itself. Therefore, he invite this Court to pass orders in the light of the dictum laid down by the Hon'ble Supreme Court in the case of G.Mohan

Rao and others vs. State of Tamil Nadu and others reported in (2022) 12 SCC 696.

3. The learned Additional Advocate General appearing for the official respondents would also submit that for the time being, the Project has been dropped and there is no fresh proposal regarding the same.

4. It is submitted by both side counsel that the Project itself has been dropped and in case, if the same Project would be implemented in future, the Government has to follow the dictum laid down by the Hon'ble Supreme Court in the case of G.Mohan Rao and others vs. State of Tamil Nadu and others reported in (2022) 12 SCC 696.

5. In view of the same, the writ appeals in W.A.(MD)Nos. 1242 to 1244 & 378 of 2016 are disposed of.

6. As far as the writ appeal in W.A.(MD)No.377 of 2016 is concerned, the learned Senior Counsel for the appellant would submit

that at the time of passing the order in the writ petition, Mr.B.Sivanthi Adithan was alive and therefore, the observation made by the learned Single Judge is not correct.

7. However, the Project has already been dropped by the Government and if the Government wants to acquire the properties in future, proper notice has to be served to Soundra Pandian.

8. With the above observation, the writ appeal in W.A.(MD)No. 377 of 2016 also stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

(P.V., J.) (K.K.R.K., J.) 21.10.2024 NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

To 1.The Secretary to Government, Highways Department, Fort St.George, Chennai - 600 009.

2.The Chief Engineer, (Constructions and Maintenance), Highways Department, Chepauk, Chennai - 600 005.

3.The District Revenue Officer,

P.VELMURUGAN , J.

and K.K.RAMAKRISHNAN, J.

mbi W.A.(MD)Nos.1242 to 1244, 377 & 378 of 2016 21.10.2024