E. Periyasamy v. Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.A(MD) Nos.130 to 135 of 2013 and M.P(MD)No.1 of 2013 in all the appeals E.Periyasamy ... Appellant in WA(MD).No.130 of 2013 Mookkan ... Appellant in WA(MD).No.131 of 2013 Gopal ... Appellant in WA(MD).No.132 of 2013 Maruthamuthu ... Appellant in WA(MD).No.133 of 2013 S.Masi ... Appellant in WA(MD).No.134 of 2013 K.Sakthivel ... Appellant in WA(MD).No.135 of 2013 -vs1. Union of India, Rep. By the Secretary to the Central Government, New Delhi.

2. The National Highways Authority of India, Rep. By its Chief General manager, G-6, 6th Chief General Manager, New Delhi.

3. The District Collector, Cantonment, Trichy-1.

4. The District Collector, Collector Office, Pudukkottai.

5.The Chief Engineer, PWD Water Resources and Organization, Subramaniyapuram, Trichy-1.

6.The Special District Revenue Officer, Competent Authority of NHAI, Pudukkottai.

7. The National Highways Authority of India (NH067), Rep.by its Project Director, No.1, Second Floor, Subramaniapuram 3rd Street, Karaikudi.

...Respondents/Respondents

in all cases COMMON PRAYER: Writ Appeals are filed under Clause 15 of Letters Patents Act, to set aside the order made in W.P(MD) Nos.137,138,1045,867,139 and 140 of 2012 dated 22.08.2012 respectively and allow these Writ Appeals.

COMMON PRAYER:

Writ petitions are filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for the records pertaining to the impugned notification issued by the sixth respondent in Na.Ka.No.21815/2010/D7/NH on 11.08.2010 which was published on 30.08.2010 in Dhina Thanthi in connection with the formation of four ways ring road under NH-67 in the area of K.Sathanoor by crossing in the middle of T.S.Nos.9/13 - 2052.5 sq.meter; T.S.Nos.8/23 - 1265 sq.meter, 8/20-111 sq.meter, 8/21 - 25 sq.meter, 8/19-800 sq.meter; T.S.No.7/1 - 2030.5 sq.meter; T.S.Nos.8/18 - 786 sq.meter, 8/17 - 1170 sq.meter , 7/5 -1169 sq.meter; T.S.No.7/3 - 3548 sq.meter; T.S.Nos.6/12,6/19 and 6/14 - 521 sq.meter and T.S.No.6/13, 6/17 - 1600 sq.meter respectively and quash the same on the ground that the same is arbitrary and illegal and consequently direct the respondents not to put up the four ways ring raod NH-67 in the middle of agricultural Nanja land in T.S.Nos.9/13; 8/23; 8/20; 8/21; 8/19; 7/1; 8/18; 7/5; 7/3; 6/12; 6/19 and 6/14 respectively.

For Appellant :

Mr.N.R.Murugesan in all appeals For R1 :

Mr.G.Rajaraman in all appeals Central Govt. Standing counsel For R2 & R7 : Mr.Arul Vadivel @ Sekar in all appeals For R3 to R6 :

Mr.A.Muthukaruppan in all appeals Addl. Govt. Pleader COMMON JUDGMENT [Judgment of the Court was made by K.KALYANASUNDARAM,J.] The learned counsel appearing for the appellant seeks permission of this Court to withdraw these writ appeals and he has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel appearing for the appellant, these Writ Appeals are dismissed as

withdrawn. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To

1. The Secretary to the Central Government, New Delhi.

2. The Chief General manager, National Highways Authority of India, G-6, 6th Chief General Manager, New Delhi.

3. The District Collector, Cantonment, Trichy-1.

4. The District Collector, Collector Office, Pudukkottai.

5. The Chief Engineer, PWD Water Resources and Organization, Subramaniyapuram, Trichy-1.

6. The Special District Revenue Officer, Competent Authority of NHAI, Pudukkottai.

7. The Project Director, The National Highways Authority of India (NH067), No.1, Second Floor, Subramaniapuram 3rd Street, Karaikudi.

+ 1 cc TO Mr.N.R.Murugesan , Advocate in SR No. 88776 + 1 cc TO Mr.C.Arul Vadivel @ Sekar, Advocate in SR No. 88629 + 1 cc TO Mr.G.Rajaraman , Advocate in SR No. 88378 am AE/SKN RSK/SAR1/07.12.2017/3P/11C W.A(MD) Nos.130 to 135 of 2013 21.11.2017