Ragumoorthy v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 1735 of 2025 Ragumoorthy

...Petitioner

Vs.

1.The Principal Secretary to Government Industries (MIG-2) Department, Fort St.george, Chennai-600 009 2.The Principal Secretary to Government Revenue and Disaster Management Department, Fort St.george, Chennai-600 009 3.The Land Acquisition Officer and District collector, Collectorate, Krishnagiri Krishnagiri District 4.The Special District Revenue Officer(LA) Hosur, SIPCOT phase III, IV, V and 1/7

Guruparapalli, SIPCOT, Industries Estate, Krishnagiri, Krishnagiri District 5.The Special Tahsildar (LA) Hosur, SIPCOT phase III, IV, V, Soolagiri Taluk, Krishnagiri 6.The Tashildar Soolagiri Taluk, Krishnagiri District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 3rd respondent in Na.Ka.No.20/2022/SPL.DRO/K.Giri dated 15.03.2024 and quash the same and consequently direct the respondents to pay the compensation for the land acquisition for the lands of the petitioner to the petitioner. For Petitioner :

Mr. Sharath Chandran For Mr. Marudhachalam For Respondents :

Mr. A.Selvendran Special Government Pleader.

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O R D E R

The Writ Petition is filed for the following relief: "To call for the records relating to the impugned order of the 3rd respondent in Na.Ka.No.20/2022/SPL.DRO/K.Giri dated 15.03.2024 and quash the same and consequently direct the respondents to pay the compensation for the land acquisition for the lands of the petitioner to the petitioner.

2. The petitioner is before this Court challenging only the apportionment of the compensation. The petitioner would contend that the 3th respondent has taken upon himself the task of apportioning the compensation. It runs contrary to the provisions of Section 9 (2) of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act.

3. Though the petitioner is aggrieved by the acquisition proceedings itself, however, the learned counsel would submit that the 3/7

petitioner is aggrieved by the 3rd respondent assuming the role of the Civil Court.

4. Heard the learned counsels on the either side and perused the records.

5. Section 9 of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, reads as follows:

"9. Apportionment of amount.

(1)Where several persons claim to be interested in the amount determined, the Collector shall determine the persons who, in his opinion, are entitled to receive the amount and the amount payable to each of them. (2)When the amount has been determined under section 7, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute for the decision of the 4/7

Court."

6. This position of law is fairly conceded to by the learned Special Government Pleader.

7. Therefore, the impugned order in the light of Section 9 (2) of the Act, cannot be sustained.

8. Accordingly, the Writ Petition is allowed. The impugned order is set aside. A direction is issued to the 3rd respondent, to refer the matter to the appropriate Court, within a period of 4 weeks from the date of receipt of a copy of this order, following the provisions of law. No costs.

27.01.2025 Index : Yes/No Internet : Yes/No kan 5/7

To 1.The Principal Secretary to Government Industries (MIG-2) Department, Fort St.george, Chennai-600 009 2.The Principal Secretary to Government Revenue and Disaster Management Department, Fort St.george, Chennai-600 009 3.The Land Acquisition Officer and District collector, Collectorate, Krishnagiri Krishnagiri District 4.The Special District Revenue Officer(LA) Hosur, SIPCOT phase III, IV, V and Guruparapalli, SIPCOT, Industries Estate, Krishnagiri, Krishnagiri District 5.The Special Tahsildar (LA) Hosur, SIPCOT phase III, IV, V, Soolagiri Taluk, Krishnagiri 6.The Tashildar Soolagiri Taluk, Krishnagiri District.

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