Mr.S.Nagoor Kani, v. Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.20658 of 2017 and W.M.P(MD) Nos.16946 and 16947 of 2017 S.Nagoor Kani ... Petitioner -vs1.Government of Tamil Nadu, Rep. by the Secretary, Department of Highways and Minor Port, Fort St.George, Secretariat, Chennai - 600 009.

2.The Project Director, Tamilnadu Road Sector Project II No.171, Kesonaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai - 600 028.

3.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, Thiruchirappalli - 620 020.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, that the Secton 15 & 16 of the Tamil Nadu Highways Act, 2001 and rules made there under 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 to as New Central Act, 2013) and consequently, declare the acquisition proceedings initiated by proceedings in Na.Ka.No.294/2014/A3 Additional dated 30.08.2017 as illegal so far the petitioner's shop and land in Survey No.423/2D1K, Tirunelveli to Tenkasi Road, Alangulam Village, Alangulam Taluk, Tirunelveli District in an extent of 0.0098 Sq.Mt. Initiated by the third respondent invoking Sections 15 and 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.P.Thilak Kumar Government Pleader for R1 to R3

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The learned counsel appearing for the petitioner has circulated a letter dated 25.04.2022, praying for withdrawal of this Writ Petition.

2. In the light of the above, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

[R.M.D., J.] [J.S.N.P., J.] 18.11.2022 Index : Yes / No Internet : Yes / No pkn To 1.The Secretary, Government of Tamil Nadu, Department of Highways and Minor Port, Fort St.George, Secretariat, Chennai - 600 009.

2.The Project Director, Tamilnadu Road Sector Project II No.171, Kesonaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai - 600 028.

3.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, Thiruchirappalli - 620 020.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.20658 of 2017 18.11.2022