The Chief Secretary To Government v. The Special Tahsildar (Land Aquisition),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Eleventh day of January Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE PARESH UPADHYAY AND THE HON`BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP C.M.P.No.389 of 2022 in A.S.SR.No.48167 of 2021 THE CHIEF SECRETARY TO GOVERNMENT, [ PETITIONER ] GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI - 600 009 Vs 1 THE SPECIAL TAHSILDAR (LAND AQUISITION), [ RESPONDENTS ] CHENNAI CITY WATER WAYS SCHEME, AMBATHUR, CHENNAI - 600 030.

2 KASTHURI 3 THE EXECUTIVE ENGINEER, KOSATHALAIYAUR BASIN DIVISION W.R.O.

PUBLIC WORKS DEPARTMENT, THIRUVALLUR DIVISION, THIRUVALLUR TOWN AND DISTRICT.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to dispense with the my appearance in AS.SR.No.46165/2021 etc.,batch and pass such other orders as this Hon'ble court deems fit in the proper facts [IN C.M.P.No.389 of 2022].

Order : This miscellaneous petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.SHANMUGHA SUNDARAM, ADVOCATE GENERAL for the petitioner and of MR.J.RAM, Advocate for the Respondents, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

(Order of the Court was made by PARESH UPADHYAY, J.) By order of this Court dated 05.01.2022, after taking note of the orders dated 16.12.2021 and 22.12.2021, for the reasons recorded therein, Chief Secretary of the State was requested to appear before this Court on 19.01.2022. This petition seeks dispensation of presence of the Chief Secretary pursuant to the said order.

2.

Heard learned Advocate General for the petitioner. He has explained to the Court, what steps are being undertaken by the State authorities, to see to it that such things (as noted in orders dated 16.12.2021 and 22.12.2021) are not repeated. 3.

When it is so submitted by the learned Advocate General of the State, that too on behalf of the Chief Secretary of the State, the presence of the Chief Secretary may be dispensed with. For this reason, this application needs to be allowed. 4.

Though this petition is being allowed, as noted above, it would be necessary for the State to file an affidavit from responsible officer, giving details with regard to the awards which are neither complied with nor challenged, for long period. Further, it also needs to be put on record, what corrective and preventive measures in that regard are being taken. The merits of the appeals, along with the queries noted above, may be gone into by the Court on the next date of hearing.

5.

This petition is allowed in above terms.

-sd/- 11/01/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE SUBORDINATE JUDGE, KANCHEEPURAM.

Order in C.M.P.No.389 of 2022 in A.S.SR.No.48167 of 2021 Date :11/01/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RA 12/01/2022 (P) https://hcservices.ecourts.gov.in/hcservices/