S.Esakkimuthu v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.40389 of 2015 and MP.Nos.2 and 3 of 2015 S.Esakkimuthu ... Petitioner Vs.
1. The Additional Chief Secretary to Government, Government of Tamil nadu, Industries Department, Secretariat, Fort St.George, Chennai 600 009.
2. The District Collector, Kancheepuram, O/o.District Collector, Kancheepuram 631 501.
3. The Special Tahsildar (Land Acquisition) Unit I Mannur, Valarpuram, Namelli scheme, SIPCOT, Sriperumbudur 602 105.
Respondents PRAYER: This Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus Calling for the entire records in connection with the proceedings dated 20.7.2015 in G.O.(MS) No.172 Industries SIPCOT-LA Department published in Tamil Nadu Government Gazette issued by the 1st respondent and impugned Notice dated 9.10.2015 of the 2nd and 3rd respondent in R.C. No.A.3/2014 for the land measuring an extent of 1200 sq.ft. comprised in S.No.494/4 & 494/6 (now as per impugned Notification as S.No.494/5A1A1) Plot No.
118 Rajaji Nagar Mannur Village, Sriperumbudur Taluk, Kancheepuram District, quash the same and the alternative issue suitable direction to the respondents to grant compensation to the petitioner in terms of Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013) for the land measuring an extent of 1200 sq.ft comprised in S.F.No.494/4and 494/6 ( now as per impugned notification as S.No.494/5A1A1), Plot No.118, Rajaji Nagar, Mannur Village, Sriperumbudur Taluk, Kancheepuram District.
For Petitioner : Mr.V.Srikanth For Respondents : Mr.P.Sathish, Additional Government Pleader Order This petition has been filed for issuance of writ of Certiorarified Mandamus to quash the Land Acquisition Proceedings and issue direction to the respondents to grant compensation to the petitioner in terms of Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013) for his land.
2. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that during the pendency of the Writ Petition, the petitioner's land has been excluded from the acquisition proceedings and hence this Court may close this Writ Petition.
3. The learned Additional Government Pleader appearing for the official respondents in that regard has produced a communication dated 25.04.2022 in Na.Ka.No.3/2014AA, wherein it was stated that the land acquisition proceedings which were initiated against the petitioner's land was discontinued.
4. In view of the above, the Writ Petition is allowed and proceedings dated 20.7.2015 in G.O.(MS) No.172, Industries, SIPCOT-LA Department, published in Tamil Nadu Government Gazette, issued by the 1st respondent and impugned Notice dated 9.10.2015 of the respondents 2 and 3 in R.C. No.A.3/2014, are set aside. No costs. Consequently connected miscellaneous petition is closed.
Sd/- Assistant Registrar True Copy// Sub Assistant Registrar sk To
1. The Additional Chief Secretary to Government, Government of Tamil nadu, Industries Department, Secretariat, Fort St.George, Chennai 600 009.
2. The District Collector, Kancheepuram, O/o.District Collector, Kancheepuram 631 501.
3. The Special Tahsildar (Land Acquisition) Unit I Mannur, Valarpuram, Namelli scheme, SIPCOT, Sriperumbudur 602 105.
+1cc to the Government Pleader, S.R.No.28381 W.P.No.40389 of 2015 SSD[co] NSK/31/05/2022