Madras High Court
V.Ramachandran vs The State Of Tamil Nadu on 22 September, 2021
W.P.(MD)No.13885 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.09.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.13885 of 2018
and
W.M.P(MD).Nos.3023 of 2021
V.Ramachandran ... Petitioner
Vs.
1. The State of Tamil Nadu,
Rep by the Principal Secretary,
Highways Department,
Fort St.George, Chennai-9.
2. The District Collector,
Madurai District, Madurai.
3. The Revenue Divisional Officer,
Highways Acquisition,
Madurai.
4. The District Revenue Officer,
Competent Authority,
Highways Acquisition,
District Collectorate Office,
Madurai. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorari calling for the records relating to the
1/4
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W.P.(MD)No.13885 of 2018
impugned notifications issued by the fourth respondent in Na.Ka.No.
35616/2014/P1 dated 17.04.2018 and quash the same as illegal in so far
as it relates to the petitioner's property in Survey No.3164/2B and
3163/2B, Madurai North Taluk, Madurai.
For Petitioner : Mr.Mahaboob Athiff
for M/s.Ajmal Associates.
For Respondents : Mr.Veera Kathiravan,
Additional Advocate General
Assisted by Mr.K.S.Selva Ganesan,
Counsel for the State for R1 to R4
ORDER
The petitioner challenges the notifications issued by the fourth
respondent in Na.Ka.No.35616/2014/P1, dated 17.04.2018, in so far as it
relates to the property bearing Survey Nos.3164/2B and 3163/2B,
Madurai North Taluk, Madurai.
2. The principal basis of challenge is that the public notice and
private notice in relation to such acquisition were issued by different
authorities. The petitioner relies upon the judgment of this Court in the
American College, Rep. by its Principal and Secretary Vs. The State of
Tamil Nadu, W.P(MD).Nos.12847 to 12853 of 2018, dated 13.12.2018.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13885 of 2018
In the said judgment, a challenge to the acquisition notification on the
same ground was upheld by this Court. Consequently, the notifications
were quashed.
3. Learned Additional Advocate General fairly submits that the
present writ petition is squarely covered by the said judgment.
Consequently, by following the said judgment, the impugned
notifications dated 17.04.2018 are quashed in so far as the relevant
property is concerned by leaving it open to the respondents to issue fresh
notifications in accordance with law.
4. W.P(MD).No.13885 of 2018 is allowed without any order as to
costs. Consequently, connected W.M.P(MD).Nos.3023 of 2021 is closed.
22.09.2021
Index : Yes/No
Internet : Yes/No
pkn
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.13885 of 2018
SENTHILKUMAR RAMAMOORTHY, J.
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To
1. The Principal Secretary,
State of Tamil Nadu,
Highways Department,
Fort St.George, Chennai-9.
2. The District Collector,
Madurai District, Madurai.
3. The Revenue Divisional Officer,
Highways Acquisition,
Madurai.
4. The District Revenue Officer,
Competent Authority,
Highways Acquisition,
District Collectorate Office,
Madurai.
W.P.(MD)No.13885 of 2018
22.09.2021
https://www.mhc.tn.gov.in/judis/
