M.LENINKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The issues involved in both the Writ Petitions are common and therefore they are taken up together and this common order is passed.

(2.) The petitioners have challenged the impugned proceedings of the 2nd respondent dt. 17.06.2020 in W.P.No.13976 of 2020. The same petitioners have also challenged the subsequent notification issued by the 1 st respondent under Section 15(1) of the Tamil Nadu Highways Act, 2001 (herein after called 'the Act') dt. 23.07.2020 in W.P.No.15123 of 2020.

(3.) The petitioners are the owners of various house properties constructed in S.F No.299, Akkiyampatti Village, Namakkal District. The Government of Tamil Nadu initiated acquisition proceedings under the Highways Act, for the purpose of formation of Chennai-Kanyakumari Industrial Corridor Project. The 2nd respondent issued a notice dt. 23.03.2020 under Section 15(2) of the Act, which was published in the daily newspaper on 21.04.2020. The 2nd respondent also issued individual notices to the petitioners. The petitioners submitted their objections immediately on receipt of the notice. Thereafter, notices were issued to the petitioners dt. 18.05.2020, by the 2nd respondent for conducting enquiry under section 15(3) of the Act r/w Rule 5(3) of the Tamil Nadu Highways Rules, 2003. The petitioners appeared for the enquiry and submitted their objections along with all the relevant materials. The 2 nd respondent proceeded to pass the Impugned Order dt 17.06.2020 and this has been put to challenge in W.P.No.13976 of 2020. Thereafter, the Commissioner of Land Administration the Government has authorised Commissioner of Land Administration, Chennai in exercise of its power under Section 56 (1) of the Act has proceeded to publish the notification under Section 15(1) of the Act, in the Government Gazette on 23.07.2020. This has been put to challenge by the petitioners in W.P. No.15123 of 2020.