Madras High CourtWP(MD)/15196/2013dismissed as infructuous

Shahul Hameed v. The District Collector

2016-09-26Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.15196 of 2013 Shahul Hameed ... Petitioner Vs.

1.The District Collector, Collectorate, Pudukkottai.

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

3.The Project Director, Project Implementation Unit, National Highways Authority of India, No.1, Second Floor, Subramaniapuram, 3rd Street, Karaikudi-02.

4.Project Director, Project Implementation Unit, National Highways Authority of India, New No.6, Old No.44, 1st Floor, 3rd Main Road, Ponnagar, Tiruchirappalli-01.

5.The Divisional Engineer, Trichy Division, Southern Railways, Trichy.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 25.04.2013 and consequently direct the respondents to refrain from interfering with the petitioner's peaceful enjoyment of the property in S.No.654/1 in Kalamavur Village, Kolathur Taluk, Pudukottai District, without following the due process of law.

For Petitioner : Mr.K.Prabhakar For Respondent : Mr.V.Muruganandham Addl. Govt. Pleader for RR-1 & 2 https://hcservices.ecourts.gov.in/hcservices/

Mr.C.Arul Vadivel @ Sekar for RR-3 & 4 Mr.S.Manohar for R-5

ORDER

The petitioner has filed the present writ petition seeking a direction, directing the 2nd respondent to consider his representation dated 25.04.2013 and consequently direct the respondents to refrain from interfering with his peaceful enjoyment of the property in S.No.654/1 in Kalamavur Village, Kolathur Taluk, Pudukottai District, without following the due process of law.

2.The third respondent filed a counter affidavit stating that the petitioner's land has been acquired by the respondent by following due process of law and an award was also passed. 3.In view of the above submission, nothing survives for adjudication in the present writ petition. Accordingly, this writ petition is dismissed. However, liberty is granted to the petitioner to challenge the Land Acquisition proceedings and the award passed by the respondent, if he is so advised. No costs. Consequently, connected M.P.(MD).No.1 of 2013 is also dismissed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Collectorate, Pudukkottai.

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

3.The Project Director, Project Implementation Unit, National Highways Authority of India, No.1, Second Floor, Subramaniapuram, 3rd Street, Karaikudi-02.

4.Project Director, Project Implementation Unit, National Highways Authority of India, New No.6, Old No.44, 1st Floor, 3rd Main Road, Ponnagar, Tiruchirappalli-01.

5.The Divisional Engineer, Trichy Division, Southern Railways, Trichy.

+One cc to Mr.C.Arulvadivel @ Sekar, Advocate, SR.No.55729 +One cc to The Special Government Pleader, SR.No.56087 vs RL/8C/2P/SS2/14.10.2016 W.P(MD)No.15196 of 2013 https://hcservices.ecourts.gov.in/hcservices/ 26.09.2016