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2005 DIGILAW 1489 (MAD)

S. Krishnamurthy & Others v. The State of Tamil Nadu rep. by the Secretary & Others

2005-09-05

A.KULASEKARAN, MARKANDEY KATJU

body2005
Judgment :- (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.) The Honourable 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.5170 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.