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Madras High CourtREV.APLC/77/2003dismissed

The District Collector, v. N.Venkatachalam

2024-07-24Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE C.KUMARAPPAN against W.A.No.2019 of 2000 1.The District Collector, Villupuram Ramasamy Padayachiar District, Villupuram.

2. The Special Tahsildar, (Adi Dravidar Welfare) Kallakurichi.

3.The Government of Tamil Nadu, rep. by its Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort St. George, Chennai.

...Petitioners

Vs.

1.N.Venkatachalam 2.N.Pandurangan 1/5

3.N.Kannan ... Respondents PRAYER : Review Application filed under Order 47 Rule 1 read with Section 114 of C.P.C. praying to review the order dated 19.02.2002 passed in W.A.No.2019 of 2000.

For Petitioners : Mr.T.Chandra Sekaran

ORDER

(Judgement of the Court was delivered by S.M.Subramaniam J.) The review application has been instituted to review the order dated 19.02.2002 passed by this Court dismissing the writ appeal in W.A.No.2019 of 2000.

2.The Division Bench, while passing final order in Writ Appeal No.2019 of 2000, dated 19.02.2002, made an observation that the judgement passed in the Writ Appeal shall not preclude the respondentGovernment from re-initiating the land acquisition proceedings by following 2/5

the provisions contained in the Land Acquisition Act. The liberty was granted to initiate action within two months.

3. Instead of exercising the power conferred under the Act to reinitiate the Land Acquisition Proceedings, the State preferred the Review Application, which is pending for the past about 21 years. On account of efflux of time, the issues relating to the Land Acquisition Proceedings lost its relevance. If at all, the Government has taken a decision to acquire land, there is no impediment for such initiation by following the due procedures as contemplated under the Land Acquisition Act.

4. With these observations, the Review Application stands dismissed. However, there shall be no order as to costs. (S.M.S.J.,) (C.K.J.,) 24.07.2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order (sha) 3/5

To 1.The District Collector, Villupuram Ramasamy Padayachiar District, Villupuram.

2. The Special Tahsildar, (Adi Dravidar Welfare) Kallakurichi.

3.The Government of Tamil Nadu, rep. by its Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort St. George, Chennai.

4/5

S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

(sha) against W.A.No.2019 of 2000 24.07.2024 5/5