Mr.E.Chellappa, S/O.Eshaknadar v. Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.14419 and 14420 of 2018 E.Chellappa

...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, No.171, Kesonaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai - 600028.

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4.The District Revenue Officer(Land Acquisition Officer), O/o.District Revenue Officer Land Acquisition, No.14, Hazrath Abdulla Salam Road Kaja Nagar, Thiruchirapalli - 620020.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, declaring Sections 15 & 16 of the Tamil Nadu Highways Act, 2001 and Rules made thereunder including GO(MS)No.251 Industries (SIPCOT-LA) Department, dated 31.12.2014 issued by 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, 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 the petitioner's shop and house in Survey Nos.171/2B, 172/2B Tirunelveli to Tenkasi Road, Sivalarkulam Village, Alangulam Taluk, Tirunelveli District in an extent of 0.0360 sq. metre initiated by 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.Veera Kathiravan, Additional Advocate General, Assisted by, Mr.S.P.Maharajan, Special Government Pleader 2/5

O R D E R

(Order of the Court was made by S.S.SUNDAR, J.) The learned counsel appearing for the petitioner has circulated a letter dated 27.06.2022 requesting the Registry to list this writ petition under the caption 'for withdrawal'.

2. When the matter appears today under the caption 'for withdrawal', the learned counsel appearing for the petitioner represented that the writ petition may be dismissed as withdrawn and he has also made an endorsement to that effect.

3. In view of the same, the writ petition is dismissed as withdrawn. No Costs. Consequently, connected Miscellaneous Petitions are closed. [S.S.S.R., J.] [S.S.Y., J.] 01.07.2022 Index:Yes/No Internet:Yes PM 3/5

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 High Ways and Minor Port Department, Fort St. George, Secretariat, Chennai - 600 009.

3.The Project Director, No.171, Kesonaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai - 600028.

4.The District Revenue Officer(Land Acquisition Officer), O/o.District Revenue Officer Land Acquisition, No.14, Hazrath Abdulla Salam Road Kaja Nagar, Thiruchirapalli - 620020.

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S.S.SUNDAR, J.

AND S.SRIMATHY, J.

PM ORDER MADE IN 01.07.2022 5/5