Sankaranarayanan, v. The Correspondent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2021

CORAM:

The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI and C.M.P(MD).No.12270 of 2018 Sankaranarayanan ...Appellant Vs.

1. The Competent Authority cum SPI District Revenue Officer, (LA-NH) Ramanathapuram.

2. The Special Thasildar, (Land Acq), National Highways 49, Unit-II, Manamadurai

3. The Project Officer, National Highways Authority, Manamadurai.

...Respondents

PRAYER: Writ Appeal filed under Clause 15 of the Letter Patent Act, to allow this Writ Appeal by setting aside the order passed in W.P. (MD).No.23385 of 2017 dated 07.12.2018 on the file of this Court. Prayer in WP(MD). 23385/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records pertaining to the 2nd respondent proceedings in Na.Ka.A1/80/2013 dated 21.11.2017 and quash the same. For Appellant : Mr.R.M.Arun Swaminathan For Respondents : Mr.C.Arul Vadivel @ Sekar, For R1 & R3.

Mr.A.K.Manikkam, Standing Counsel for Govt.

For R2.

1/3

J U D G M E N T

[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.] This Writ Appeal is directed against the order dated 07.12.2018 made in W.P.(MD)No.23385 of 2017.

2. Heard the learned counsel for the petitioner and the respondents.

3. In the light of the subsequent development, no further adjudication is required in this appeal. Pursuant to the report submitted by the Advocate Commissioner and all other developments, the respondent National Highways has passed an order stating that the brickkiln falls within the area, which is subject matter of land acquisition and this order has been challenged by the appellant, by filing W.P(MD).No.12238 of 2019, in which an order of Interim Stay has also been granted. Therefore, we dispose of the appeal giving liberty to the appellant to raise all points in the said writ petition including the grounds which have been canvassed in this appeal as well as the documents and other material papers which the appellant has relied upon in this appeal and those can be placed in the writ petition by way of an additional typed set of papers.

4. With the above liberty, this Writ Appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm/sm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Competent Authority cum SPI District Revenue Officer, (LA-NH) Ramanathapuram.

2. The Special Thasildar, (Land Acq), National Highways 49, Unit-II, Manamadurai 2/3

3. The Project Officer, National Highways Authority, Manamadurai.

W.A.(MD).No.1674 of 2018 29.06.2021 SSS(CO) KB(13.07.2021) 3P 4C 3/3