R.Varalakshmi v. Special Tashildar (La)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.05.2015

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.Nos.15066 to 15068 of 2015 R.Varalakshmi ... Petitioner in WP.No.15066/2015 S.Nisar Ahmed ... Petitioner in WP.No.15067/2015 Zareen Taj Coudry ... Petitioner in WP.No.15068/2015

Versus

1.Special Tashildar [LA], Sipcot, Panappakkam Scheme, Arakkonam.

2.The Collector, Vellore District, Vellore.

.. Respondents 1 and 2 in W.P.Nos.15066 & 15067/2015 3.Special Tashildar [LA], Unit-2, Sipcot, Sriperumbudur Expansion Scheme-2, Sriperumbudur.

4.The Collector, Kancheepuram District, Kancheepuram.

.. Respondents 1 and 2 in W.P.No.15068/2015 Common Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents to consider petitioner's representation dated 23.04.2015 by relieving petitioner's lands from acquisition by the respondents.

For Petitioner : Mr.J.C.Durairaj in all W.Ps For Respondents : Mr.RAS. Senthilvel, in all W.Ps Addl. Government Pleader C O M M O N O R D E R The above Writ Petitions have been filed by the petitioners to issue a Writ of Mandamus directing the respondents to consider their representation dated 23.04.2015 by relieving their land from the acquisition proceedings.

2. By consent of the learned counsel on either side, these Writ Petitions are taken up for final hearing at the admission stage itself.

3. It is the case of the petitioners that there is a proposal to acquire their lands which are required for public purpose for setting up SIPCOT industrial complex at [i] 109, Agavalam Village, Unit-4, Block-10, Arakkonam Division, Vellore District and [ii] Sriperumbudur Expansion Scheme-2 under the Tamil Nadu Acquisition of Land for Industrial purpose Act 1997. According to the petitioners, they have personally appeared before the respondents in person and objected for acquisition of their land. However, the Government has not taken any decision regarding the same. In these circumstances, the petitioners sent a representation by RPAD on 23.04.2015. However, according to the petitioners, the respondents have not passed any order on the same.

4. Mr.RAS. Senthilvel, learned Additional Government Pleader takes notice for the respondents, submitted that the 2nd respondent may be directed to consider the petitioners representation within a stipulated time.

5. Having regard to the submissions made by the counsel on either side, it is brought to the notice of this Court, that the petitioners have given representation only to the 1st respondent. The learned counsel for the petitioner submitted that the petitioners would give a fresh representation to the 2nd respondent, within a week from the date of receipt of a copy of this order. On such representation being given to the 2nd respondent, the 2nd respondent is directed to consider the same and pass orders on merits and in accordance with law within a period of four weeks, from the date of receipt of the representation.

6. With these observations, the Writ Petitions are disposed of. No costs. 21.05.2015 Index : No Internet : Yes gya Note : Issue order copy on 26.05.2015

To 1.The Special Tashildar [LA], Sipcot, Panappakkam Scheme, Arakkonam.

2.The Collector, Vellore District, Vellore.

3.Special Tashildar [LA], Unit-2, Sipcot, Sriperumbudur Expansion Scheme-2, Sriperumbudur.

4.The Collector, Kancheepuram District, Kancheepuram.

M.DURAISWAMY, J., gya W.P.Nos.15066 to 15068 of 2015 21.05.2015