Mr.D.Paul Abraham v. Government Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2021 CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN and WMP(MD)Nos.13205 & 13206 of 2018 and 483 of 2019 Mr.D.Paul Abraham ... Petitioner vs.
1) Government of Tamil Nadu, Rep by The Additional Chief Secretary to Government, Industries Department Fort St.George, Secretariat, Chennai-600009.
2) Government of Tamil Nadu, Rep by The Principal Secretary, Department of High Ways and Minor Port Department, Fort St.George, Secretariat, Chennai-600009.
3) The Project Director, Tamil Nadu Road Sector Project II, No: 171, Kesonaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai-600028.
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, Thiruchirapalli-620020.
... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Declaration, declaring the Section 15 and 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 Page 1/3
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 in so far as petitioner's shop and house in survey no. 173/1C, Tirunelveli to Tenkasi Road, Sivalarkulam Village, Alangulam Taluk, Tirunelveli District in an extent of 0.0315 sql.meter initiated by Respondent No.4 invoking Section 15 & 16 of The Tamil Nadu Highways Act, 2001 and rules as null and void. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.B.Saravanan Additional Government Pleader
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The learned counsel for the petitioner sought permission of this Court to withdraw the writ petition. He has made an endorsement to that effect.
2.
Permission is granted. Recording the endorsement, the Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) bala To
1) The Additional Chief Secretary to Government, Government of Tamil Nadu, Industries Department Fort St.George, Secretariat, Chennai-600009.
2) The Principal Secretary, Government of Tamil Nadu, Department of High Ways and Minor Port Department, Fort St.George, Secretariat, Chennai-600009.
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]3) The Project Director, Tamil Nadu Road Sector Project II, No: 171, Kesonaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai-600028.
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, Thiruchirapalli-620020.
+1 CC to M/s.SPL GP ( SR-38828[F] dated 15/12/2021 ) DATED : 13.12.2021 MGJ(29.12.2021) 3P 6C Page 3/3