Nallappan v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.Nallappan 2.K.N.Nallamuthu 3.Muthusamy 4.K.Nallamuthu 5.Marimuthu 6.Rajathi 7.Muthusamy 8.M.Chandra 9.S.Rajamanickam 10.P.Murugan 11.S.Kiran ... Petitioners Vs.
1.The Government of Tamil Nadu, Rep. by its Secretary, Social Welfare Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, Salem.
4.The Special Tahsildar (Land Acquisition), Harijan Welfare, Sankari Taluk, Salem District.
5.The Tahsildar, Sankari Taluk, Salem District.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the land acquisition proceedings initiated by the 1st respondent in G.O.Ms.No.764, Social Welfare dated 27.02.1982 in respect of the petitioner's land comprised in S.F.No.26/1B to an extent of 0.94 cents situated at Kannanderi Village, Sankari Taluk, Salem District as statutorily lapsed in view of Section 24(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No.XXX of 2013) and non-est in law and consequently directing the 2nd respondent to forthwith delete the entry as Arunthathi Natham in the revenue records and re-classify as patta lands for the land comprised in S.F.No.26/1B to an extent of 0.94 cents situated at Kannanderi Village, Sankari Taluk, Salem District by including the names of the petitioner. For Petitioner : Mr.P.Saravana Sowmiyan For Respondents : Mr.G.Krishna Raja, Additional Government Pleader
O R D E R
With reference to the relief sought for in the present Writ Petition, the learned Additional Government Pleader appearing on behalf of the respondents made a submission that the acquisition proceedings initiated in the year 1982, is going to be dropped. The decision making process are in progress and the District Collector has to pass appropriate orders.
2. The learned Additional Government Pleader appearing on behalf of the respondents relying on the written instructions submitted by the Special Tahsildar contended that proposals are under active consideration.
3. That being the factum, no further adjudication on merits is required in this Writ Petition and the respondents are directed to take a decision within a period of two (2) weeks from the date of receipt of a copy of this order.
4. Accordingly, the Writ Petition stands disposed of. No costs. 22.09.2023 2/2 skr Index : Yes Speaking order To 1.The Secretary to Government of Tamil Nadu, Social Welfare Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, Salem.
4.The Special Tahsildar (Land Acquisition), Harijan Welfare, Sankari Taluk, Salem District.
5.The Tahsildar, Sankari Taluk, Salem District.
S.M.SUBRAMANIAM, J.
skr 22.09.2023 2/2