Partly allowed

N.Ramasamy Gounder v. the Competnt Auhority

Madras HC16 Jul 2019WP/11677/2009

Case brief

AI extract

What is this about?

In a writ petition under Article 226 challenging Sections 3(J) and 3(G)(5) of the National Highways Act as discriminatory and unconstitutional, the Court allowed the challenge only regarding Section 3(J) and rejected the prayer concerning Section 3(G)(5).

What did the court decide?

Writ Petition allowed only in so far as challenging Section 3(J) of National Highways Act; other parts of the prayer rejected; connected Miscellaneous Petitions closed.

N.Ramasamy Gounder Vs the Competnt Auhority — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.07.2019

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CORAM

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THE HONOURABLE Mr.JUSTICE M.DHANDAPANI

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W.P. 11677 of 2009 and M.P. 1 of 2009

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N.Ramasamy Gounder ... Petitioner

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The Competent Authority and Special District Revenue Office (LA), National Highways – 68 (Salem Ulundurpet),

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Salem – 4.

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Government of India, rep. by its Secretary to Government, Ministry of Shipping Road Transport and Highways, Department of Road Transport and Highways, Shastri Bhavan R.P. Road, New Delhi. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration, declaring Sec.3(J) and Sec.3(G)(5) of the National Highways Act, 1956 as discriminatory, ultra vires and unconstitutional.

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For Petitioner : Mr.P.Jagadeesan

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For Respondents: Mr.W.Richard for R1

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Mr.J.Madanagopal Rao for R2

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O R D E R

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This Writ Petition has been filed seeking a declaration to declare Section 3(J) and Section 3(G)(5) of National Highways Act, 1956 as discriminatory, ultra vires and unconstitutional.

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https://hcservices.ecourts.gov.in/hcservices/

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The prayer in this Writ Petition challenging Sec.3(J) of

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the National Highways Act is quashed and the said provision was declared as unconstitutional in view of the decision of this Court in W.P.No.15699/2010 batch and the same was confirmed by the Hon'ble Apex Court in Civil Appeal Nos.159 and 160 of 2018.

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In view of the above, this Writ Petition is allowed only in so far as challenging Section 3(J) of National Highways Act and other parts of the prayer is rejected. No costs. Consequently, connected Miscellaneous Petitions are closed.

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s/d-

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Assistant Registrar(CS VIII)

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True Copy

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Sub-Assistant Registrar

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rpp

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