A.Premila v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NOS.4237, 4240, 4245, 4246, 4250 AND 4251 OF 2022 AND W.M.P.NOS.4380,4383,4386,4387,4390 AND 4392 OF 2022 A.Premila ... Petitioner in W.P.No.4237 of 2022 N.Angulaxmi ... Petitioner in W.P.No.4240 of 2022 K.Subramani ... Petitioner in W.P.No.4245 of 2022 R.Chandra ... Petitioner in W.P.No.4246 of 2022 T.Vijayalaksmi ... Petitioner in W.P.No.4250 of 2022 N.Ragupathi ... Petitioner in W.P.No.4251 of 2022 .Vs.
1. The State of Tamil Nadu, Rep. by its Secretary, Fort St. George, Chennai - 600 009.
2. The Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai - 5.
3. The District Collector,
4. The Special District Revenue Officer (Land Acquisition),
5. The Special Tahsildar (Land Acquisition) - Unit-3, ... Respondents in all W.P's COMMON PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 3 to 5 to provide alternate lands to the petitioner in respect of the acquisition of Petitioner's lands in Site No.09, T.S.No.45/2, Survey No.339/1B (in W.P.No.4237 of 2022), Site No.41, T.S.No.45/3, Survey No.339/2 (in W.P.No.4240 of 2022), Site No.14, T.S.No.45/2, Survey No.339/1B (in W.P.No.4245 of 2022), Block No.14, T.S.No.2/1, Survey No.345/1A2 (in W.P.No.4246 of 2022), Site No.32, T.S.No.45/3, Survey No.339/2B (in W.P.No.4250 of 2022), Site No.35, T.S.No.45/3, Survey No.339/2 (in W.P.No.4251 of 2022), Uppilipalayam Village, Coimbatore District.
For Petitioner :
Mr.I.Abrar Mohamed Abdullah For Respondents :
Mr.C.Kathiravan Special Government Pleader C O M M O N O R D E R Since the issue involved in all the Writ Petitions is one and the same, they are disposed of by way of this common order.
2. The case of the petitioners is that the petitioners are the owners of the lands in Survey Nos.339/1B, 339/2, 339/1B, 345/1A2, 339/2B and 339/2 respectively, situated in Uppilipalayam Village, Coimbatore South Taluk, Coimbatore District and the said lands were acquired by the respondents for extension of runway at Coimbatore Airport under the provisions of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (for short 'the Act'). That being so, a show cause notice under Section 3(2) of the Act was issued on 27.12.2011 by the 3rd respondent to the petitioners herein to show cause within 30 days with regard to the acquisition of the lands. However, by way of communication dated 28.05.2019, the 4th respondent has informed that the process of providing alternative lands would be undertaken separately by the District Administration and the said proposal has not fructified till date. Thereafter, the petitioners sent a communication/representation dated 28.12.2021 to the respondents for allotment of alternative lands. Hence,
the petitioners have come up with the present Writ Petitions seeking the aforesaid relief.
3. Though very many grounds have been raised, learned counsel for the petitioners submits that it would suffice if this Court issues direction to the respondents 3 to 5 to provide alternative lands to the petitioners in respect of acquisition of their lands within a time frame that may be fixed by this Court.
4. The learned Special Government Pleader for respondents submits that since the award for the acquired land has already been passed by the 3rd respondent, this Court cannot grant the prayer as sought for by the petitioners.
5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the respondents 3 to 5 to consider the petitioners representation dated 28.12.2021, on merits and in accordance with law, after affording opportunity of hearing to the petitioners herein, within a period of twelve weeks from the date of receipt of a copy of this order.
6. This writ petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rap/skt To 1.
The State of Tamil Nadu, Rep. by its Secretary, Fort St. George, Chennai - 600 009.
2.
The Principal Secretary and Commissioner of Land Administration, Chepauk, Chennai - 5.
3.
The District Collector,
4.
The Special District Revenue Officer (Land Acquisition), 5.
The Special Tahsildar, (Land Acquisition) - Unit-3, +1cc to Mr.I.Abrar Mohamed Abdullah, Advocate, S.R.No.13701 +1cc to the Government Pleader, S.R.No.14205 W.P.NOS.4237, 4240, 4245, 4246, 4250 AND 4251 OF 2022 JP(CO) PBS/28/03/2022