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S.KRISHNAMURTHY versus THE STATE OF TAMIL NADU

High Court of Madras

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S.Krishnamurthy v. The State of Tamil Nadu - Writ Appeal No.1758 of 2005 [2005] RD-TN 642 (5 September 2005)



IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05/09/2005

Coram

THE HON'BLE MR. MARKANDEY KATJU, THE CHIEF JUSTICE and

THE HON'BLE MR. JUSTICE A. KULASEKARAN Writ Appeal No.1758 of 2005

1. S.Krishnamurthy

2. S.Chandrasekar

3. S.Murugesan

4. S.Rathinavel .. Appellants -Vs-

1. The State of Tamil Nadu

rep. by the Secretary,

Transport Department,

Government of Tamil Nadu,

Fort St. George,

Chennai-9.

2. The State of Tamil Nadu,

rep. by the Secretary and

Commissioner,

Department of Agriculture,

Ministry of Food Agriculture

Community Development and

Co-operation,

Fort St. George,

Chennai-600 009.

3. The District Collector,

Kancheepuram District, Kancheepuram.

4. Project Director (PIU)

National Highways Authority

of India,

No.8, 29th Cross Street,

Indira Nagar,

Adyar, Chennai-600 020.

5. The Special Tahsildar

(Land Acquisition),

National Highways,

Byepass Scheme,

Sri Nagar Colony,

Saidapet, Chennai-600 015.

6. The Tahsildar,

Tambaram,

Chennai-600 045.

7. The Assistant Divisional

Engineer(Highways),

Chennai Byepass Scheme,

Saidapet, Chennai-600 015. .. Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 10.8.2004 passed in Writ Petition No.5170 of 1998. For appellants : Mr. S.Baskaran

For respondents: Mr. P.S.Sivashanmugasundaram Additional Govt. Pleader

:JUDGMENT



(Judgment of the Court was delivered by

The Honourable The Chief Justice)

This writ appeal has been filed against the impugned order of the learned single Judge dated 10.8.2004 by which Writ Petition No.5170 of 1998 was dismissed.

2. Admittedly, the award under the Land Acquisition Act in connection with the land in question was passed on 3.1.1990. It is well settled that no writ petition can be filed challenging the land acquisition proceedings after the award is given vide Municipal Council, Ahmednagar v. Shah Hyder Beig, AIR 2000 SC 671 (paragraph 17) which has been followed by a Division Bench of this Court in S.Harshvardhan and another vs. State of Tamil Nadu, 2005 (3) CTC 691 (vide paragraph 3). Hence we are of the opinion that the writ petition itself was not maintainable.

3. It is alleged that the deceased petitioner in Writ Petition No.5 170 of 1998 died during the pendency of the writ petition. Be that as it may, since the writ petition itself was not maintainable in view of the aforesaid decisions of the Supreme Court it was rightly dismissed and hence this writ appeal is also dismissed. No costs. W.A.M.P.No.3269 of 2005 is closed. Index:Yes.

Internet:Yes.

Vu

To

1. The Secretary,

State of Tamil Nadu,

Transport Department,

Government of Tamil Nadu,

Fort St. George, Chennai-9.

2. The Secretary and

Commissioner,

State of Tamil Nadu,

Department of Agriculture,

Ministry of Food Agriculture

Community Development and

Co-operation,Fort St. George,

Chennai-600 009.

3. The District Collector,

Kancheepuram District, Kancheepuram.

4. Project Director (PIU),

National Highways Authority

of India, No.8, 29th Cross Street,

Indira Nagar,

Adyar, Chennai-600 020.

5. The Special Tahsildar

(Land Acquisition),

National Highways,

Byepass Scheme,

Sri Nagar Colony,

Saidapet, Chennai-600 015.

6. The Tahsildar,

Tambaram,

Chennai-600 045.

7. The Assistant Divisional

Engineer(Highways),

Chennai Byepass Scheme,

Saidapet, Chennai-600 015.




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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