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Madras High CourtWP(MD)/14637/2018withdrawn dismissed

Mr.Mayil Raj v. Government Of Tamilnadu

2023-09-14Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD) Nos.13197 & 13198 of 2018 and 479 of 2019 Mayil Raj : Petitioner -vs1.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 Highways 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, Tiruchirapalli - 620 020.

:

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring Sections 15 & 16 of the Tamil Nadu Highways Act, 2001 and rules made thereunder 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 (hereinafter 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 fourth respondent dated 30.08.2017 as illegal insofar as petitioner's shop and house in survey No.130/23, Tireunelveli to Tenkasi Road, Sivalarkulam Village, Alangulam Taluk, Tirunelveli District, in an extent of 0.0030 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 : Mrs.Syed Seeni Ammal For M/s.T.Lajapathi Roy & Associates For Respondents : Mr.J.Ashok,

Additional Government Pleader

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] Learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition and he has also made an endorsement to that effect.

2. In view of the endorsement so made, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

[S.S.S.R., J.] [D.B.C., J.] 14.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No

MR

To 1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Industries Department, Fort. St. George, Secretariat, Chennai - 600 009. 2.The Principal Secretary, Government of Tamil Nadu, Department of Highways 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,

Tiruchirapalli - 620 020.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

MR 14.09.2023