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Madras High CourtWP(MD)/23439/2019withdrawn dismissed

R.Sridharan v. State Of Tamilnadu

2019-11-07Honourable Mr Justice M. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and W.M.P.(MD)No.20078 and 20079 of 2019 R.Sridharan ... Petitioner /Vs./ 1.State of Tamil Nadu represented by The Secretary to Government, Highways Department, Secretariat, Fort St.GEorge, Chennai.

2.The Land Acquisition Officer and District Collector, Tuticorin, (Construction of Railway Over Bridge (ROB) in lieu of Level crossing (LC) 486 at Railway KM 652/700-800 Project, At Ward No3 of Tuticorin Town) Collectorate, Korampallam, Tuticorin.

3.The Public Information Officer, Personal Assistant To District Collector (Land), Tuticorin District, Collectrate, Korampallam, Tuticorin.

4.The Superintending Engineer, Highways (Projects), State High ways Circle Office, Madurai.

5.The Divisional Engineer, Highways (Projects), State Highways Divisional Office, Tirunelveli.

6.The Assistant Divisional Engineer, Highways (Projects), State Highways Sub Divisional Office, Thoothukudi.

7.The Divisional Manager, Madurai Divisional Office, Madurai.

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8.The Area Manager, Tuticorin.

9.The Commissioner and Special Officer, Tuticorin Municipal Corporation, Tuticorin Municipal Corporation Office, Tuticorin.

... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned Notification.Na.Ka.No.E2/13327/2016 dated 13-02-2019 on the file of 2nd Respondent and consequently quash the same and to forbear the official respondents from acquiring the portion of lands in T.S.No.293 and 294 Ward No./Block No.3.3 of Tuticorin Town, Tuticorin Taluka, and Tuticorin District in respect of this petitioner.

For Petitioner : Mr.S.Muthalraj For R-1 to R-6 : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

After some arguments, learned counsel for writ petitioner sought permission to withdraw this writ petition, but made a plea that the rights of the writ petitioner to file a fresh writ petition on the same cause of action by producing patta for the land which is sought to be acquired may please be preserved.

2. Permitted to withdraw.

3. Learned counsel has made an endorsement in the case file to this effect.

4. Endorsement is reiterated.

5. In the light of the endorsement and reiteration of the same, instant Writ Petition is dismissed as withdrawn albeit preserving the rights of the writ petitioner in the aforesaid manner. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) sm 2/3

To 1.The Secretary to Government, Highways Department, Secretariat, Fort St.GEorge, Chennai.

2.The Land Acquisition Officer and District Collector, Tuticorin, (Construction of Railway Over Bridge (ROB) in lieu of Level crossing (LC) 486 at Railway KM 652/700-800 Project, At Ward No3 of Tuticorin Town) Collectorate, Korampallam, Tuticorin.

3.The Public Information Officer, Personal Assistant To District Collector (Land), Tuticorin District, Collectrate, Korampallam, Tuticorin. 4.The Superintending Engineer, Highways (Projects), State High ways Circle Office, Madurai.

5.The Divisional Engineer, Highways (Projects), State Highways Divisional Office, Tirunelveli. 6.The Assistant Divisional Engineer, Highways (Projects), State Highways Sub Divisional Office, Thoothukudi.

7.The Divisional Manager, Madurai Divisional Office, Madurai.

8.The Area Manager, Tuticorin.

9.The Commissioner and Special Officer, Tuticorin Municipal Corporation, Tuticorin Municipal Corporation Office, Tuticorin.

+1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 96953 Order made in Dated:07.11.2019 SCR(CO) TR(20.11.2019)3P 11C 3/3