Newmen Therese. S.P v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) Nos.17674, 17676 & 20531 of 2022 1.S.P.Newmen Therese 2.P.Ayyadurai 3.T.Kamaraj 4.Sumathi ... Petitioners -vs1.The Secretary The State of Tamil Nadu Department of Law and Justice Fort St.George Chennai-600 009 2.The Secretary The State of Tamil Nadu Highway Department Fort St.George Chennai-600 009

3.The Divisional Engineer Construction and Maintenance Highway, Tirunelveli 4.The District Revenue Officer Land Acquisition Officer Tirunelveli ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration declaring the impugned provisions of section 11 of the Tamil Nadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019, dated 02.12.2019 and acquisition of property provision of Tamil Nadu Highway Act, 2001, dated 16.09.2002 as clearly illegal, defective and unconstitutional being violative of Articles 13, 14, 21 and 300A of the Constitution of India and further contrary to the principles of natural justice and consequently the land acquisition proceedings initiated under the Tamil Nadu Highways Act, 2001 by the respondents 3 & 4 in TN Gzaette No. 50, dated 13.12.2017 regarding the property situated in the levenchipuram Village of Radhapuram Taluk, Tirunelveli District, Survey Nos.679/7B, 677/4, 592/3C2B, 810/1A2 as void, unconstitutional and quash the same as illegal, arbitrary.

For Petitioners :

Ms.E.L.Shalini For Respondents :

Mr.T.Amjad Khan Government Advocate

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] Learned Government Advocate appearing for the respondents, based on the written instructions given by the Assistant Divisional Engineer, Highways, Radhapuram, vide letter dated 21.12.2023, made a submission that the entire land acquisition proceedings, including the land acquisition proceedings, which is the subject matter of the present writ petition, have been dropped.

2. Recording the above submission, no further adjudication is required in respect of the grounds raised in this writ petition. Accordingly, the writ petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.

[S.M.S., J.] [V.L.N., J.] 21.12.2023 (1/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Secretary, The State of Tamil Nadu, Department of Law and Justice, Fort St.George, Chennai-600 009.

2.The Secretary, The State of Tamil Nadu, Highway Department, Fort St.George, Chennai-600 009.

3.The Divisional Engineer, Construction and Maintenance, Highway, Tirunelveli.

4.The District Revenue Officer, Land Acquisition Officer, Tirunelveli.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and W.M.P.(MD) Nos.17674, 17676 & 20531 of 2022 21.12.2023 (1/2)