A.Suriya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2022 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NOS.597 OF 2022 AND 18220 OF 2021 W.P.No.597 of 2022:
A.Suriya
...Petitioner
Vs.
1. The District Collector, Villupuram District - 605 602.
2. The Revenue Divisional Officer, Villupuram Revenue Division, (Vanur Revenue Taluk related) Villupuram - 605 602.
3. Auroville Foundation, rep. by its Secretary, Auroville Foundation Bhavan, Auroville, Villupuram - 605 101.
4. The Government of Tamil Nadu, rep. by its Secretary to Government, Fort St. George, Chennai - 600 009.
...Respondents
Prayer in W.P.No.597 of 2022: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus restraining the respondent No.3 (a statutory Body Corporate) from further implementation of the Auroville Master plan perspective 2025, until the remaining lands in the Auroville Master Plan area are acquired as per the Tamil Nadu G.O. dated 20.1.2003 and also as per Section 6 of the Appendix IV of the Statutory Auroville Master Plan and also until the respondent No.3 encroachments on the objectionable poramboke lands, evicted by Villupuram Revenue Divisional Officer, as per this Hon'ble Court order dated 31.8.2021 in W.P.No.18057 of 2021 in the Auroville Master Plan perspective 2025 area.
W.P.No.18220 of 2021:
A.Suriya
...Petitioner
Vs.
1. The Government of Tamil Nadu, rep. by its Secretary to Government, Fort St. George, Chennai - 600 009.
2. The Union of India through, the Secretary Ministry of Education (Formerly HRD Ministry) Shastri Bhawan, New Delhi - 110 001.
3. The Secretary, Auroville Foundation, Auroville Foundation Bhavan, Administrative Area - Town Hall Auroville, Villupuram - 605 101.
Tamil Nadu, India.
...Respondents
Prayer in W.P.No.18220 of 2021: Petition under Article 226 of the Constitution of India seeking issuance of a writ of declaration, declaring the Appendix-4, Clauses 1-5 of the Auroville Master Plan 2010 to be ultra vires due to the Right to fair compensation and transparency in Land Acquisition Act, 2013 (RFCTLARR Act) and Tamil Nadu Town and Country Planning Act, 1971, 2018 (TTCP Act), Article 13 and also declaring the foundation's complete illegal one-way coercive negotiated land exchange deeds/negotiated land acquisition deeds done since 28.8.2010 (Gazette of India notification date of Auroville Master Plan) by using the aforementioned Appendix IV clauses 1 to 5 to be "void ab initio" based on the section 46 of the aforementioned RFCTLARR Act 2013 and Section 37 of teh TTCP Act 1971, 2018 and for the G.O. dated 20.1.
2003 and also directing the respondent No.3 to re-acquire these "void ab initio" land exchange/purchase deeds, via the appropriate government at the current market price, under the schedules of the RFCTLARR Act 2013 and under the direct vigilance of this Court. For the Petitioner : Mr.A.Suriya Petitioner-in-person or Respondents 1, 2 and 4 in W.P.No.597 of 2022 and 1st respondent in W.P.No.
18220 of 2021 : Mr.C.Harsharaj Addl. Government Pleader
COMMON ORDER (Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner, appearing in person, prays for withdrawal of these writ petitions with liberty to avail the remedy in accordance with law against the infraction of his personal interest.
In view of the above, these writ petitions are dismissed as withdrawn with liberty as prayed for. There will be no order as to costs. Consequently, W.M.P.Nos.651 of 2022, 19447 and 19450 of 2021 are closed.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar sasi To:
1. The District Collector, Villupuram District - 605 602.
2. The Revenue Divisional Officer, Villupuram Revenue Division, (Vanur Revenue Taluk related) Villupuram - 605 602.
3. The Secretary to Government, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
4. The Secretary, Union of India, Ministry of Education (Formerly HRD Ministry), Shastri Bhawan, New Delhi - 110 001.
+1cc to the Government Pleader, S.R.No.3670 [29/04/2022] W.P.Nos.597 of 2022 and 18220 of 2021 EV(CO) RLP(25/01/2022)