Madras High CourtWP/6754/2019dismissed

R.Perumalswamy v. The State Of Tamil Nadu

2023-07-06Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.7557, 7558 & 7559 of 2019 R.Perumalswamy ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by Additional Chief Secretary to Government, Industries (MID.1) Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Addl.Chief Secretary/ Commissioner of Land Administration, Chepauk, Chennai-600 005.

3. The Chairman, W.S. Industries (India) Ltd.

108 Mount- Poonamallee Road, Porur, Chennai-600 116.

4. The District Collector, 1/6

5. The District Revenue Officer,

6. The Tahsildar, Madhuravoyal Taluk, Chennai-600 095.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records pertaining to the G.O. (M.s) No.145, Industries (MID1) Department dated 22.11.2018 on the file of the 1st Respondent and quash the same and consequently forbear the Respondents from interfering in the Petitioner's peaceful possession and enjoyment of the land to the extent of 13.65 acres in Survey No.70/1 (5.16 acres), Survey No.73/2 (2.27 acres), Survey No.77 (5.68 acres) Survey No.70/2A (0.54 acres) Porur Village, Ambattur Taluk, Tiruvallur District.

For Petitioner : No Appearance For Respondents :

(for R.1, 2, 4 to 6) : Mr.P.Kumaresan, AAG, assisted by Mr.J.Daniel, Govt. Advocate (for R.3) : Mr.K.P.Sanjeev Kumar for M/s.Ojas Law firm 2/6

O R D E R

The Government Order issued in G.O.Ms.No.145, Industries Department, dated 22.11.2018, is under challenge in the present writ petition.

2.The writ petitioner states that the subject property described in the present writ petition has been inherited by him through his father. He was in possession and enjoyment of the property. It is not in dispute that the property belonging to the family of the petitioner was acquired and the land was allotted for development of Industries by the Government. 3.The learned Additional Advocate General, appearing on behalf of the State, made a submission that the acquisition proceedings were initiated in the year 1961 and was completed, by G.O.Ms.No.5781, dated 29.09.1961. Consequent to the acquisition, a registered assignment deed also has been executed in the name of the 3rd respondent. The industrial activities are going on in the said property for the past about 63 years. 4.The petitioner has raised an objection by stating that he is the 3/6

owner of the property.

5.After the lands were acquired by the Government, the land vest with the Government and it was subsequently allotted in favour of the 3rd respondent. Now after this length of time, the petitioner cannot claim any right over the property which was acquired in the year 1961 and therefore, the very claim set out by the petitioner is untenable. 6.Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(sha) 06.07.2023 Index : Yes Speaking Order To 4/6