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2005 Supreme(Mad) 549

MARKANDEY KATJU, PRABHA SRIDEVAN
Southern Railways – Appellant
Versus
S. Palaniappan & Others – Respondent


Advocates Appeared:For Appearing Advocates:R. Thiagarajan, Senior Counsel, V.G. Sureshkumar R. Krishnamurthy, Senior Counsel, Aiyyadurai, R. Krishnamurthy, Senior Counsel for M/s. Chitra Associates N.R. Chandran, Advocate General, P.P. Shanmugasundaram, Government Advocate.

Judgment :-

The Hon’ble Chief Justice:

Since, we have decided W.P.Nos.37373 and 37376 of 2003 today, the above Writ Appeals arising out of the common interlocutory order passed in the said writ petitions are dismissed as infructutous.

2. The above writ petitions have been filed for a writ of certiorarified mandamus to call for the records in G.O.Ms.No.164, Transport (I.1) dated 03.12.2003 and to quash the same. By the aforesaid order dated 03.12.2003 passed under Section 48-B of the Land Acquisition Act, 1894, the Government of Tamil Nadu has withdrawn from the acquisition of land in question.

3. Heard learned counsel for the parties and perused the record.

4. In paragraph – 4 of the affidavit filed in support of the Writ Petition No.37373 of 2003 it is alleged that the petitioners therein own land covered under the Section 4(1) notification dated 01.06.1999 in various town survey numbers as mentioned therein situate in Namakkal town within the limit of Namakkal Municipality. There were houses and buildings put up by many of the petitioners sought to be acquired for the purpose of laying a railway track for Salem-Karur broad gauge railway line project by invoking the urgency clause a








































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