A.Ranganayagi v. The Principal Secretary To Govt
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN Writ Petition No.1607 of 2024 and WMP Nos.1637 & 1638 of 2024 and Contempt Petition No.341 of 2021 WP No.1607 of 2024 Mrs. A.Ranganayagi .. Petitioner Vs.
1. The Principal Secretary to Govt.
Industries Department, Fort St. George, Chennai 600 009.
2. The Managing Director, SIPCOT 19-A, Rukmini Lakshmipathy Salai, Egmore, Chennai 600 008.
3. The District Collector, Kancheepuram District, Kancheepuram, Office of the District Collector, Kancheepuram 631 501.
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4. The Special Tahsildar, Land Acquisition, Sriperumbudur Expansion Scheme- II Division - 5, Sriperumbudur, Kancheepuram District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Ceritorarified Mandamus, calling for the records relating to the impugned G.O.Ms.No.176 Industries (SIPCOT (LA) Department dated 13.07.2021 passed by the first respondent and quash the same and consequently direct the respondent authorities to comply with the specific direction of the Hon'ble Division Bench dated 20.09.2019 in W.A.No.1891 of 2019 and further order dated 25.08.2022 passed by this Court in Contempt Petition No.341 of 2021 and pay compensation to the petitioner for her land measuring Ac.01.55 cents comprised in Survey No.275/2, Vallam-B Village, Sriperumbudur Taluk, Kancheepuram District as per the provisions of Central Act 30 of 2013, within the time limit to be fixed by this Court.
Contempt Pet.341 of 2021 Mrs. A.Ranganayagi .. Petitioner Vs.
1.Mr.N.Muruganandam, I.A.S.
Principal Secretary to Govt.
Industries Department, Fort St. George, Chennai 600 009.
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2. Mr.J.Kumaragurubaran, I.A.S.
Managing Director, SIPCOT 19-A, Rukmini Lakshmipathy Salai, Egmore, Chennai 600 008.
3. Mrs.Maheswari Ravikumar District Collector, Kancheepuram District, Office of the District Collector, Kancheepuram 631 501.
4. Mr.Ezhil Valavan Special Tahsildar, Land Acquisition, Sriperumbudur Expansion Scheme- II Division - 5, Sriperumbudur, Kancheepuram District.
... Respondents Prayer: The Contempt Petition filed under Section 11 and 12 of the Contempt of Court Act 1961, read with Article 215 of the Constitution of India, to punish the respondents for their wilful disobedience of the order dated 20.09.2019 passed by this Court in WA No.1891 of 2019. For Petitioner : Mr.S.Thanka Sivan For Respondents : Mr. J.Raveendran, Additional Advocate General Asst. by Mr.Abishekmoorthy, Govt. Advocate, for R1 : Mr.R.Viduthalai, Senior Counsel, for R2 3/7
: Mr. Ramanlal, Additional Advocate General, Asst. by Mr.A.Selvendran Special Government Pleader, for RR3 & 4 ********
ORDER
(Order of the Court was delivered by R.SUBRAMANIAN, J.) After our order dated 10.01.2025, the Government has issued G.O.Ms.No.11 dated 06.02.2025 withdrawing the notification exempting the subject lands from the purview of the acquisition for formation of an Industrial Estate by SIPCOT.
2. In view of the same, the 3(2) notice issued seeking to acquire these lands stands revived. What remains to be done is to issue a 3(1) notification and proceed further in accordance with the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. Once the amount of compensation payable to the land owner is determined under Section 7 read with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, it will be open 4/7
to the land owner, if he/she is dissatisfied with the amount awarded to seek a reference to the Court under Section 8 of the Act. Upon such reference being made, the law will take its own course.
3. In view of the above, the Writ Petition in WP No.1607 of 2024 is dismissed as having become infructuous, the Contempt Petition is closed with a direction to the Government to issue necessary notification under Section 3(1) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 and proceed in accordance with law. The necessary notification will be issued within a period of two months from today. It will be open to the petitioner to seek reopening of the contempt proceedings if no award is passed within a reasonable time in accordance with the provisions of the statutes. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
(R.SUBRAMANIAN, J.) (P.VELMURUGAN, J.) 07.02.2025 jv Index: No Speaking order 5/7
To
1. The Principal Secretary to Govt.
Industries Department, Fort St. George, Chennai 600 009.
2. The Managing Director, SIPCOT 19-A, Rukmini Lakshmipathy Salai, Egmore, Chennai 600 008.
3. The District Collector, Kancheepuram District, Kancheepuram, Office of the District Collector, Kancheepuram 631 501.
4. The Special Tahsildar, Land Acquisition, Sriperumbudur Expansion Scheme- II Division - 5, Sriperumbudur, Kancheepuram District.
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R.SUBRAMANIAN, J.
and P.VELMURUGAN, J.
(jv) Writ Petition No.1607 of 2024 and WMP Nos.1637 & 1638 of 2024 and Contempt Petition No.341 of 2021 07.02.2025 7/7