Sixteen writ petitions challenging land acquisition proceedings under the National Highways Act were dismissed by a single judge as infructuous after respondents confirmed that acquisition proceedings were completed and possession taken.
Writ petitions dismissed as infructuous; Connected Writ Petitions Middle Petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2017
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH
W.P. Nos.7303 to 7308 of 2003 & W.P.M.P. Nos.9406 to 9411 of 2003
Emmanuel Joseph Petitioner in W.P. No.7303 of 2003 R. Ganesan Petitioner in WP.No.7304 of 2003 Senrayan Petitioner in WP.No.7305/2003 Anbukkarasi Petitioner in WP.No.7306 of 2003 K. Subramanian Petitioner in WP.No.7307 of 2003 Ranjitham Petitioner in WP.No.7308 of 2003
Prayer in W.P. No.7303 of 2003 to WP.7308 to 2003
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records of the respondents relating to the undated order of the 4th respondent in Memorandum Rc.No.10119/2001(B2) signed on 17.02.2003 and quash the same and forbearing the respondents and their men, agents and subordinates from in any manner disturbing the possession of the petitioner of the property subject matter of the abovementioned memorandum without complying with the statutory provisions contained in Sections 3-B, 3-E, 3-F, 3G and
3-H of the National Highways Act (Central Act 48 of 1956).
For petitioner in Mr. R. Sasikumar W.P. No.7303 of 2003 for M/s. Muthumani Doraisami For R2 in Mr. R. Parthiban W.P. No.7303 of 2003 For RR 3 to 5 Mr. Gunasekaran in W.P. No.7303 of 2003 Addl. Govt. Pleader (Land Acqn.)
COMMON ORDER
When these writ petitions were taken up for hearing today,
Mr.R.Sasikumar, learned counsel representing the learned
counsel-on-record for the petitioner fairly submitted that the
entire acquisition proceedings has been completed and the land
has also been taken possession of by the authorities for the
purpose of laying highway.
2 Mr. R. Parthiban, learned counsel for the second
respondent, besides filing counter affidavit in W.P. Nos.7303
and 7304 of 2003, fairly confirmed the submission made by the
learned counsel for the petitioners.
In view of the above, these writ petitions are dismissed as
having become infructuous. Connected W.P.M.Ps. are closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1 The Secretary
Ministry of Surface and Road Transport
New Delhi
2 The National Highways Authority of India
Project Director
General Manager - (Tech.)
Salem - 5
3 The District Collector, Salem
cnr(CO)
md(10/02/2017)
W.P. Nos.7303 to 7308 of 2003
1 issue framed by the court
Whether the writ petitions challenging the acquisition proceedings and undated order should be allowed.
2 provisions across 2 enactments
Emmanuel Joseph
R. Ganesan
Senrayan
Anbukkarasi
K. Subramanian
Ranjitham
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
