JUDGMENT :

(Prayer in W.P.No.30380 of 2015: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the third respondent comprised in order in NA.KA.No.27192/2010/U2 dated 29.08.2011 and the consequential proceedings in NA.KA.No.27192/2010/U1 dated 14.08.2015 and quash the same as arbitrary, illegal, unconstitutional, ultra virus the provisions of the Tamilnadu Highways Act, 2001 and Tamilnadu Highways Rules, 2003 and consequently forbear the respondents from in any manner proceeding as against the petitioner’s property comprised in town survey No.17/1, Tiruppur Town, Tiruppur South Taluk, ad measuring 73.8 sq.mts.)

1. All the Writ Petitions have been filed challenging the acquisition proceedings initiated by the respondents under the provisions of the Tamil Nadu Highways Act, 2001 (herein after called as “the Act”), and the Tamilnadu Highways Rules, 2003 (herein aftercalled as “the Rules”) thereon forbear the respondents from any manner interfering with the possession and occupation of the land belonging to the petitioners, on various grounds.

2. The petitioners in all the Writ Petitions owned their respective lands at Tiruppur District. The Divisional Engineer (Highways), Tiruppur had sent a request for acquisition of land in Ward L, Block 2, 3 and Ward M, Block, 7, 17, 21, 24, 25 in Tiruppur District in G.O.(D)No.122, Highways and Minor Ports (HN1) Department, dated 02.08.2010 towards administrative sanction for widening of highways road from Tiruppur to Somanur Road. Accordingly, inspection of lands to be acquired, the Revenue Divisional Officer, Tiruppur, sent his proposal of acquisition of 0.4582.3 sq.mt., of land by his proceedings dated 26.08.2011. On receipt of the proposal, the notification under Section 15(2) of the Act published in the local dailies on 17.09.2011. The substance of the land plan schedule was also published in the locality on 05.09.2011.

3. The notices under Sections 15(2) of the Act were issued to the petitioners requesting to show cause why their lands, for widening of Tiruppur-Somanur Road, should not be acquired and the objections for this case should be submitted to the Land Acquisition Officer within a period of 30 days from the date of receipt of that notice. All the petitioners received notice under Section 15(2) of the Act and had submitted their objections on the noticed issued under Section 15(2) of the Act. One of the main contention in the objections is that, there are several Government Poramboke lands, temple lands situated on the northern side, which will be easy to acquire for the State government to expand the road. Further the acquisition proposal is vitiated by partiality and the residents on the one side of the road were deprived of their entire properties and this has been done with certain vested interests. Thereafter, no proceedings have been initiated and all of sudden, the petitioners received notice dated 14.08.2015 as contemplated under Section 19(2) of the Act, called upon the petitioners for negotiating compensation. Therefore, the petitioners filed these Writ Petitions challenging the said acquisition proceedings.

4. The learned counsel appearing for the petitioners raised the following grounds:-

The power to acquire the property for the purpose of highways is contained under Chapter IV of the Act. Under Section 15(1) of the Act, if the government is satisfied that any land is required for the purpose of highways, they will have to publish in the government gazette a notice specifying the description of such land and the particular purpose for which the land is required. Under Section 15(2) of the Act, before publishing notice under sub Section (1), the government will have to show cause to the owner calling upon the owner as to why the land should not be acquired. Therefore, the government after considering the objection will have to pass an order under Section 15(3) of the A