Perumal, v. The Secretary To The

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2017

CORAM:

THE HONOURABLE Mr.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Mr.JUSTICE G.R.SWAMINATHAN W.P(MD).Nos.1095, 1087 and 1096 of 2013 and M.P.(MD) Nos.1 and 1 of 2013 Perumal ... Petitioner in W.P.1095/13 Murugan ... Petitioner in W.P.1087/13 Ayyavoo ... Petitioner in W.P.1096/13 Vs.

1. The Secretary to the Government of Tamil Nadu, Transport Department, Fort St. Goerge, Chennai - 600 009.

2. The District Collector,

3. The Special Tahsildar (LA) Madurai Airport Expansion Scheme, ... Respondents in all petitions PRAYER : Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from carrying out eviction in respective petitioners' house property comprised in Gramanatham Survey No.358/36, Perungudi Village, Parambupatti, Madurai - 22 to an extent of 0.00.12 ares, S.No.350/35, Perungudi Village, No.3-358U, Parambupatti, Perungudi, Madurai 22 to an extent of 0.00.22 ares and S.No.350/27, Perungudi village, No.3-358 U, Parambupatti, Perungudi, Madurai - 22 in the absence of notification under Section 3(1) of the Tamil Nadu Acquisition of land for Industrial Purpose Act, 1997 for the purpose of the expansion of the Madurai Airport.

For Petitioner : Mr.R.Mohanasundaram for in all petitions Mr.R.Manoharan For Respondents : Mr.M.Govindan, in all petitions Spl. Govt. Pleader

O R D E R

(Order of the Court was made by G.R.Swaminathan, J.) In all these writ petitions, the grievance projected by the petitioners is that they would be evicted from the house property, pursuant to the notification issued under Section 3(1) of the Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997. 2.When the cases were taken up for hearing, the learned Special Government Pleader furnished a communication in Roc.No.LA/38/2013 dated 15 February 2013, in which the following statement has been set out:

"As the land properties mentioned in Grama Natham Survey Numbers in the affidavits of the Writ Petitions of the Land Acquisition Scheme, there is no need to file these Writ Petitions against the Land Acquisition scheme of the Tamilnadu Government. It is submitted to the Honourable Madurai Bench of Madras High Court, Madurai, that there is no risk of demolition of any dwelling house in Parambupatti as the whole Parambupatti Natham Area has been exempted or excluded from the Land Acquisition Scheme for Madurai Airport Expansion".

3.In view of the aforesaid submission, nothing survives for adjudication inasmuch as the apprehension of the writ petitions no linger survives.

4.The writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To

1. The Secretary to the Government of Tamil Nadu, Transport Department, Fort St. Goerge, Chennai - 600 009.

2. The District Collector,

3. The Special Tahsildar (LA) Madurai Airport Expansion Scheme, +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 64398, 64399, 64425.

ARUL PSM/KP/SAR1/18.07.2017/3P/5C W.P(MD).Nos.1095, 1087 and 1096 of 2013 and M.P.(MD) Nos.1 and 1 of 2013 06.07.2017