LAWS(MAD)-2006-7-78

E VIVEKANANDAN Vs. GOVERNMENT OF TAMIL NADU

Decided On July 05, 2006
E.VIVEKANANDAN Appellant
V/S
GOVERNMENT OF TAMIL NADU REPRESENTED BY ITS SECRETARY HIGHWAYS DEPARTMENT Respondents

JUDGEMENT

(1.) THIS writ petition is filed praying for a Writ of Certiorari to call for the records, in G. O. Ms. No. 68, Highways, Dated 26. 4. 2006 published in Tamil Nadu Gazette Extra Ordinary Part II Section 2, of the first respondent and quash the same.

(2.) THE notice under Section 15 (1) of Tamil Nadu Highways Act, 2001 (hereinafter referred as the Act) by the first respondent is challenged in this writ petition.

(3.) IT is the case of the petitioner that he is the owner of the property comprised in Survey No. 160 A/3a1 Part and now New No. 160a/3a1b of Karapakkam Village, Tambaram Taluk, Kanchipuram District, having purchased the same in the year 1991; that the petitioner has also availed loan from Tambaram Co-operative Housing Society and constructed a building thereon; that the respondents herein have originally initiated proceedings under Tamil Nadu State Highways Act which was challenged by the petitioner herein in W. P. No. 17169/2005 and the said writ petition was allowed by a common order dated 22. 8. 2005 by this Court. While allowing the said writ petition the respondents were granted liberty to issue notice under Section 15 (2) of the Act afresh and to proceed further in accordance with law.