S.Logambal, v. The State,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2023
CORAM
THE HON'BLE MR.JUSTICE P.VELMURUGAN and M.P.No.1 of 2015 1.S.Logambal 2.S.Ramamoorthi 3.S.Lakshmi 4.S.Krishnan 5.S.Paramasivam 6.G.Muniammal 7.A.Murugammal 8.Muniammal 9.R.Mallika 10.N.Shanthammal 11.B.Senjammal 12.D.Jeeva 13.K.Gowri 14.K.Satyan 15.K.Saravanan 16.K.Sathishkumar 17.K.Shanthakumar 18.S.Janaki 19.M.Masilamani 20.M.Haridoss (All the petitioners are represented by their Power Agent I.Shanmugadurai) ... Petitioners Vs.
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1.The State represented by The Secretary to Government Industries Department Fort St. George, Chennai - 9 2.The Special Tahsildar Aromatic Complex Genis Salai, Saidapet Chennai - 15 3.The Chennai Petroleum Corporation Limited Represented by its Managing Director Teynampet, Chennai - 18 4.The Special Commissioner and Commissioner of Land Administration Chepauk, Chennai - 5 ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to quash the order passed by the first respondent herein in his Letter No.5407/MID.1/2013-11, dated 07.03.2015 and to direct the first respondent to reconvey the lands in S.No.171/1p measuring an extent of 0.20 acre, 170/1A2B measuring an extent of 0.27 acres, S.No.171/1 part measuring an extent of 0.10 acre, S.No.
172/1C1B measuring an extent of 0.37 acre, S.No.146/5 measuring an extent of 0.22 acre, S.No.171/2 measuring an extent of 0.20 acre, S.No.146/3 measuring an extent of 0.27 acre, S.No.148 measuring an extent of 1.41 acre, S.No.147/2 measuring an extent of 0.37 acre and in S.No.147/3 measuring an extent of 0.
Taluk, Thiruvallur District which were acquired for location of Aromatic Complex and for other downstream projects.
For Petitioners : Mr.T.Vijay For Respondents : Mr.P.Gurunathan Additional Govt. Pleader - R1, R2 & R4 Mr.S.Arjun Suresh for Dua Associates - R3
ORDER
The writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to quash the order passed by the first respondent herein in his Letter No.5407/MID.1/2013-11, dated 07.03.2015 and to direct the first respondent to reconvey the lands in S.No.171/1p, measuring an extent of 0.20 acre, 170/1A2B, measuring an extent of 0.27 acres, S.No.171/1, part measuring an extent of 0.10 acre, S.No.172/1C1B, measuring an extent of 0.37 acre, S.No.146/5, measuring an extent of 0.22 acre, S.No.171/2 measuring an extent of 0.20 acre, S.No.146/3, measuring an extent of 0.27 acre, S.No.148 measuring an extent of 1.41 acre, S.No.147/2, measuring an extent of 0.37 acre and in S.No.147/3, measuring an extent of 0.16 acre in Mathur Village, Ambattur 3/7
Taluk, Thiruvallur District which were acquired for location of Aromatic Complex and for other downstream projects.
2. Learned counsel for the petitioners submitted that the lands were acquired from the petitioners for the location of Aromatic complex and for other downstream projects. Subsequently after the acquisition, they have not utilised the acquired lands for the said purpose for which it was acquired. It is therefore submitted that the petitioners are entitled to get back their lands by way of re-conveyance and thereby they have made representations to the respondents, but the same was yet to be considered by them. Therefore the petitioners are before this Court.
3.Mr.P.Gurunathan, learned Additional Government Pleader has taken notice for the respondents 1, 2 and 4. Mr.S.Arjun Suresh, learned counsel for Dua Associates has taken notice for the 3rd respondent. 4.Learned Additional Government Pleader submitted that due to inevitable circumstances, the lands could not be utilized for the above said purpose, but the 4/7
respondents have already handed over the acquired lands to M/s.Chennai Petroleum Corporation Limited for rehabilitation purpose. In this, an extent 11.26 acres of lands have already been developed into house-sites and allotted to 202 families and they have occupied by constructing houses and are residing in the said plots. Another 100 families are to be selected and allotted with house-sites. In the remaining 21.30 acres, the Chennai Petroleum Corporation has proposed to put up a Township for the employees who are to be essentially to live close to the site for efficiency of the plant and to meet emergency situation immediately and the same is under process for the approval of the Government under the Land Acquisition Act. The Tamil Nadu Electricity Board has proposed to set up substation of 400 KV in that area. Therefore, the petitioners are not entitled for the re-conveyance of their lands.
5.It is admitted that the lands which were the subject matter of this writ petition, same were acquired by the respondents for the location of Aromatic complex and for other downstream projects. It is also an admitted fact that for some reasons, they could not establish the same and therefore, now the lands have been allotted for rehabilitation, CPCL and also to TNEB and the lands are 5/7
not kept for the private sale or it is kept as vacant as a waste land. Therefore, under these circumstances, the petitioners are not entitled for the relief sought for. Once the respondents have expressed their views regarding allotment in the counter, there is no point of giving direction to them for consideration. 6.This writ petition stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 17.11.2023 (2/2) kas Index : yes / no To 1.The Secretary to Government Industries Department Fort St. George, Chennai - 9 2.The Special Tahsildar Aromatic Complex Genis Salai, Saidapet, Chennai - 15 3.The Managing Director The Chennai Petroleum Corporation Limited Teynampet, Chennai - 18 4.The Special Commissioner and Commissioner of Land Administration Chepauk, Chennai - 5 6/7
P.VELMURUGAN, J.
kas and M.P.No.1 of 2015 17.11.2023 (2/2) 7/7