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2010 DIGILAW 594 (MAD)

J. Duraibabu & Another v. The District Collector Kanchipuram District & Another

2010-02-16

M.JAICHANDREN

body2010
Judgment :- The main contention of the learned counsel appearing on behalf of the petitioners is that the land, in S.No.190/28, (49/1A3), measuring about 4050 sq.mts., which had belonged to the petitioners, had already been acquired by the State Industries Promotion Corporation of Tamil Nadu. In spite of the earlier acquisition, a notification, dated 17.12.2009, had been published in the tamil newspaper "Thina Thanthi", on 6.1.2010, by the Kanchipuram District Collector, on behalf of the Highways Department. In such circumstances, the petitioners have challenged the said notification, dated 17.12.2009, issued by the first respondent. 2. The learned counsel appearing on behalf of the respondents had submitted that the notification, dated 17.12.2009, had been issued by the first respondent, under Section 15(2) of the Tamil Nadu Highways Act, 2001, asking the petitioners to show cause as to why their lands, in S.No.190/28, should not be acquired for the purpose of formation of Highway No.5. He had also submitted that the petitioners could submit their objections to the said notification, within the time specified therein and on the submission of the objections, by the petitioners, they would be considered by the authority concerned and appropriate orders would be passed, in accordance with law. 3. At this stage of the hearing of the writ petition, the learned counsel appearing for the petitioners had submitted that the petitioners had already submitted their detailed objections, on 27.1.2010, and it would suffice, if the first respondent is directed to consider the same and pass appropriate orders thereon, as expeditiously as possible. 4. The learned Special Government Pleader (Writ) appearing for the respondents has no objection for such an order being passed by this Court. 5. In view of the submissions made by the learned counsels appearing for the parties concerned, the first respondent is directed to consider the objections raised by the petitioners, on 27.1.2010, and pass appropriate orders thereon, as expeditiously as possible. The writ petition stands disposed of accordingly. No costs. Consequently, connected M.P.Nos.1, 1 and 2, 2 of 2010 are closed.