Citation : 2023 Latest Caselaw 7682 Mad
Judgement Date : 5 July, 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.17777 of 2020
and
W.M.P(MD)Nos.14844 & 14845 of 2020
A.Chidambaram ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Represented by the Additional Chief Secretary
to Government,
Industries Department,
Fort Saint George,
Secretariat, Chennai – 600 009.
2. The Government of Tamil Nadu,
Represented by its Principal Secretary,
Department of High Ways and Minor Port Department,
Fort Saint George,
Secretariat, Chennai – 600 009.
3. The Project Director,
Tamil Nadu Road Sector Project II,
No.171, Kesonaperumalpuram,
Greenways Road,
Raja Annamalaipuram,
Chennai – 600 028.
1/6
https://www.mhc.tn.gov.in/judis
4. The Special District Revenue Officer (Land Acquisition Officer),
O/o. District Revenue Officer Land Acquisition,
Tamil Nadu Road Sector Project II,
No:14, Hazrath Abdulla Salam Street,
Mannarpuram,
Kaja Nagar, Thiruchirapalli – 620 020. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorari, to call for the records pertaining to the impugned
notice in Na.Ka.No.297/2014/A3(SH-39) Dry-2 , dated 28.11.2019 on the file of
the 4th respondent and quash the same.
For Petitioner : Mr.S.Rajasekar
For Respondents : Mr.Veera Kathiravan,
Additional Advocate General,
assisted by,
Mr.K.Sureshkumar,
Additional Government Pleader
ORDER
This writ petition is filed for Writ of Certiorari challenging the
impugned order, dated 28.11.2019.
2. The learned counsel appearing for the petitioner as well as the
learned Additional Advocate General appearing for the official respondents
https://www.mhc.tn.gov.in/judis submitted that the issue was already settled by the Hon'ble Division Bench of this
Court in W.P.(MD)Nos.19102, 19971 to 19975, 20656, 20657, 20659, 20660,
22417, 22418 of 2017 & 16171 to 16178 of 2018, vide order, dated 21.02.2022,
wherein it is held as follows:
“Today, when these Writ Petitions are taken up for hearing, the learned Additional Advocate General appearing for the respondents relied upon the decision of the Hon-ble Supreme Court of India in G.Mohan Rao and others Vs. State of Tamil Nadu and others reported in 2021 SCC Online SC 440, wherein it has been held that the 2019 Act is to be a legitimate legislative exercise and to be consistent with and within the four corners of Article 254 of the Constitution of India and also of the High Court judgment. He submitted that the said finding is squarely applicable to the present case also.
2.The learned counsel appearing for the petitioners has not refuted the said submission.
3.In view of the decision cited supra, these Writ Petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.”
3. The Common order of the Hon'ble Division Bench of this Court is
squarely applicable to the present case as well.
https://www.mhc.tn.gov.in/judis
4. Accordingly, this Writ Petition stands dismissed. There shall be no
order as to costs. Consequently, connected Miscellaneous Petitions are closed.
Index : Yes / No 05.07.2023
Internet : Yes
ksa
https://www.mhc.tn.gov.in/judis To
1. The Additional Chief Secretary to Government, Government of Tamil Nadu, Industries Department, Fort Saint George, Secretariat, Chennai – 600 009.
2. The Principal Secretary, Government of Tamil Nadu, Department of High Ways and Minor Port Department, Fort Saint George, Secretariat, Chennai – 600 009.
3. The Project Director, Tamil Nadu Road Sector Project II, No.171, Kesonaperumalpuram, Greenways Road, Raja Annamalaipuram, Chennai – 600 028.
4. The Special District Revenue Officer (Land Acquisition Officer), O/o. District Revenue Officer Land Acquisition, Tamil Nadu Road Sector Project II, No:14, Hazrath Abdulla Salam Street, Mannarpuram, Kaja Nagar, Thiruchirapalli – 620 020.
https://www.mhc.tn.gov.in/judis S.SRIMATHY, J
ksa
Order made in W.P.(MD)No. 17777 of 2020
05.07.2023
https://www.mhc.tn.gov.in/judis
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