N.Sagadevan vs The Secretary to the Government

K. Ravichandrabaabu, J.—By consent, these writ appeals are taken up for final disposal.

Heard Mr. David Tyagaraj, learned counsel appearing for the appellants and Mrs. A.Sri Jayanthi, learned Special Government Pleader appearing for the respondents.

These writ appeals are filed against the final order passed in the writ petitions in W.P. Nos. 13176 to 13180 of 2014 dated 08.5.2014 dismissing the same, only on the ground that no materials were placed before the Court to show that the appellants have participated in the proceedings and given their objections to the notice issued under Section 15(2) of the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2012). All those writ petitions were filed, challenging the proceeding issued under Sections 15(1), 15(2) and 16(2) of the above said Act, by contending that the objections raised by the appellants in pursuant to notice under Section 15(2) were not considered.

When these writ appeals came up for admission on 24.6.2014, the learned Special Government Pleader took notice for the respondents and sought time to get the entire File relating to the acquisition proceedings, particularly, with reference to the objections said to have been given by the appellants.

Today, when these appeals are taken up for hearing, the learned Special Government Pleader produced the entire File before us. The Special Tahsildar (Land Acquisition), Chennai Outer Ring Road, Phase I, Poonamallee at Nazarathpettai, the 5th respondent in these appeals is also personally present before this Court.

A perusal of the File produced before us would show that the appellants have infact participated in the enquiry and also submitted their objections, which is evident from the recording of the 3rd respondent. The typed copies of objection is also available in the said File.

In such view of the matter, this Court is of the considered view that the finding of the learned single Judge is not factually correct, as the appellants have participated in the enquiry and submitted their objections pursuant to the notice issued under Section 15(2) of the above said Act. As the learned single Judge has dismissed the writ petitions only on the ground that the materials were not placed before the Court to show that the appellants have participated in the enquiry, without going into the other merits of the matter, we are inclined to allow these writ appeals and remit the matter back to the learned single Judge for consideration of the writ petitions afresh based on the other grounds raised in the writ petitions challenging the impugned proceedings.

Accordingly, these writ appeals are allowed and the matters are remitted back to the learned single Judge for hearing the writ petitions afresh and pass orders on merits and in accordance with law. No costs. Consequently, connected M.P. Nos. 1 (5 Nos. ) of 2014 are closed.

Registry is directed to list the writ petitions (W.P. Nos. 13176 to 13180 of 2014) before the learned single Judge on 14.7.2014.