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2012 Supreme(Mad) 3259

R.SUDHAKAR
Sochamaniammal alias Kochamallu – Appellant
Versus
State of Tamil Nadu, rep. By Secretary to the Government, Highways & Minor Port Department – Respondent


Advocates appeared:
For the Petitioner:Ashok Menon. Advocate.
For the Respondents:A. Navaneetha krishnan, Advocate General assisted by Ms. V.M. Velumai, Spl. Govt. Pleader.

Judgment :-

1. This writ petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd Respondent's Notice dated 19.10.2010 under reference No.NaKa396/2006/A.1 and quash the same as illegal and invalid, consequently direct the 2nd Respondent to conduct enquiry under Section.15 sub section (1) of the Tamil Nadu Highways Act 2001 pursuant to the Petitioners reply dated 26.10.2010

2. The subject matter of the writ petition is an acquisition of land under Tamil Nadu State Highways Act 34/ 2002.

3. In terms of Section 15 of the Tamil Nadu Highways Act 2001 (Tamil Nadu 34 of 2002) (herein after referred to as 'The Act'), before issuing a notification under Sections 15(1), Section 15 (2) of the Act mandates a notice to the owner or any other person having interest in the land to show cause as to why the land should not be acquired and a public notice shall also be issued in the manner prescribed. In terms of Section 15 (3) of the Act, the Government after considering the cause, shall pass an order under sub Section 1 of Section 15 to acquire the land.

4. In this case, show cause notice dated 19.5.2010 in terms of Section 15 (2) has been served on the pe

































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