Court clarified the distinction between Certiorari and Mandamus writs, emphasizing the need for correct legal grounds in petitions.

JUDGMENT

(The Judgment of the Court was delivered by V.Dhanapalan,J)

Though the miscellaneous petitions are listed for hearing, by consent of the learned counsel appearing for the parties, the Writ Appeals themselves are taken up for disposal.

2. Heard Mr.D.Ravichander, learned counsel for the appellants, Mr.P.Wilson, learned Senior Counsel appearing for the first respondent-NHAI and Mr.R.Rajeswaran, learned Special Government Pleader appearing for the respondents 2 and 3.

3. These Writ Appeals are directed against the order of the learned single Judge in W.P.Nos.28229 and 28230 of 2013, dated 03.06.2014.

4. The writ petitioners, the appellants herein, who are the land owners, approached the Writ Court praying for issuance of Writs of Certiorari to call for the records in respect of the acquisition of the lands in question and to quash the same.

5. It was contended before the learned single Judge that the National Highways Authority of India (for short, 'NHAI') decided to acquire the lands for formation of National Highways from Tindivanam to Krishnagiri and accordingly, a Notification was issued under Section 3-A of the National Highways Act (for short, the Act') on 18.09.2012. It was claimed that even prior to the issuance of the Notification, the writ petitioners have represented before the competent authority (second respondent) that they have sent a letter on 16.04.2012, objecting to the acquisition of the lands. But the objections have not been taken into account and the authority has issued summons to the writ petitioners to participate in the enquiry, vide communication dated 04.09.2013. They were informed that the Notification under Section 3-D of the Act has already been issued and therefore, question of considering the objections does not arise.

6. The said claim of the appellants/writ petitioners had been resisted by the first respondent/NHAI by filing counter affidavit, stating that the NHAI has taken up the project of improving the NH-66 in the stretch from Tindivanam to Krishnagiri for rehabilitation and upgradation of the two lanes with paved shoulders configuration of the stretch with by-passes for built up area of the towns. The Project Implementation Unit, Villupuram has been entrusted with the task of implementation of the above Project and the second respondent has been appointed as the competent authority for acquisition of the private properties required for formation of the by-pass, re- alignment and widening of the road NH-66. A detailed Project Report has also been submitted and the competent authority initiated action under Section 3-A (1) of the Act and Notification therein was issued on 18.09.2012, notifying the Central Government's intention to acquire the lands, including the lands owned by the writ petitioners and the substance of the Notification under Section 3-A (1) of the Act was also published in the local newspapers on 06.11.2012 in terms of Section 3-A (3) of the Act, for objections, if any from the interested persons, within 21 days from the date of publication in the newspapers. Since no objections under Section 3-C(1) of the Act were filed by the petitioners, no orders were required to be passed by the competent authority under Section 3-C(2) of the Act. Section 3-D Notification was published in the Official Gazette of India on 04.06.2013 and thereafter, the acquired lands vested with the Central Government, free from all encumbrances. Subsequently, newspaper publication for enquiry under Section 3-G(3) of the Act was al