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Madras High CourtWP/10860/2019disposed of

Nagaraj v. The District Collector,

2019-04-10Honourable Mr Justice D. Krishnakumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.04.2019 Coram The Honourable Mr.Justice D.KRISHNAKUMAR W.P.No.10860 of 2019 and W.M.P.Nos.11305, 11307 & 11308 of 2019 1.Nagaraj 2.Maadhu 3.Sidhdhan 4.R.Vetrivel 5.Govindhammal 6.Thangaraj 7.Govindhasamy 8.Markandan 9.Subramani 10.Munusamy 11.Veerammal 12.Muniyammal 13.Lakshmi 14.Sathya

15. Madhaiyan 16.Munusamy 17.Muniraj 18.Ganesan 19.Pazhani 20.Munusamy 21.Sidhdhan 22.Chinnasidhdhan

...Petitioners

Versus

1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Special Tahsildar (Land Acquisition HPCL), Nallampalli, Dharmapuri District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the record of the impugned notice in Na.Ka.No.21391/2016/B1

dated 11.02.2019 published in Daily Thandhi News Paper dated 14.02.2019 by the second respondent and quash the same in so far as the petitioners are concerns.

For Petitioners :

Mr.K.Gandhi Kumar For Respondents :

Mr.M.Elumalai, Government Advocate

O R D E R

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The relief sought for in this Writ Petition is to call for the record of the impugned notice in Na.Ka.No.21391/2016/B1 dated 11.02.2019, published in Daily Thandhi News Paper dated 14.02.2019, by the second respondent and to quash the same in so far as the petitioners are concerned.

3.1. It is the case of the petitioners that they are marginal farmers, owning small extent of lands. Most of them belong to Scheduled Caste and Most Backward Community and they earn their daily bread by doing agriculture. The petitioners' lands were sought to be acquired by the second respondent for constructing petroleum storage warehouses to HPCL (Hindustan Petroleum Corporation Limited). The names of the petitioners and the details of their lands are mentioned hereinbelow in a tabulated column:

Sl.No.

Name of the petitioners Survey No.

Extent of Land 1.

Nagaraj 179/2 0.16.00 Hectares 2.

Maadhu 179/1 0.14.00 Hectares 3.

Sidhdhan 289/2A 1.81.00 Hectares 4.

R.Vetrivel 186/2 0.75.00 Hectares 5.

Govindhammal 193/1C 0.26.50 Hectares 6.

Thangaraj 289/2A 1.81.00 Hectares 7.

Govindhasamy 290/1 0.35.00 Hectares 8.

Markandan 290/2 & 292/2A 0.205 Hectares & 1.09.00 Hectares 9.

Subramani 289/1C & 289/1D 0.24.50 Hectares & 1.34.50 Hectares 10.

Munusamy 289/1A2 1.16.00 Hectares 11.

Veerammal 187/1D 0.31.00 Hectares

Sl.No.

Name of the petitioners Survey No.

Extent of Land Muniyammal 180/1C 0.73.50 Hectares 13.

Lakshmi 190/1B, 190/1A & 191/2B 0.26.52Hectares, 0.26.48 Hectares & 0.52.00 Hectares 14.

Sathya 173/1 & 173/3 0.53.28 Hectares & 0.30.36 Hectares 15.

Madhaiyan 161/1 1.28.00 Hectares 16.

Munusmay 0.97.00 Hectares 17.

Muniraj 192/1A 0.60.00 Hectares 18.

Ganesan 164/2B & 194/1A 0.17.00 Hectares & 0.45.50 Hectares 19.

Pazhani 163/1A 1.21.50 Hectares 20.

Munusamy 184/1A 0.45.00 Hectares 21.

Sidhadhan 184/1B 0.98.00 Hectares 22.

Chinnasidhdhan 164/1, 165/1 & 184/1B 0.51.50 Hectares, 0.28.50 Hectares & 0.98.00 Hectares 3.2. While the respondents came to visit the lands of the petitioners, the petitioners restricted the respondents from surveying their lands. On 07.05.2018, the petitioners gave their individual representation to the first respondent objecting the acquisition proceedings.

But the second respondent issued a Notification in Na.Ka.No.21391/2016/B1 dated 11.02.2019, in "Daily Thanthi" News Paper stating that the petitioners' lands will be acquired under Section 3(2) of the Land Acquisition for Industrial Purposes Act, 1997 (Tamil Nadu Act 10 of 1999) (hereinafter referred to as 'Act'). Thereafter, on 18.02.2019, the petitioners gave their representation to the second respondent requesting them to drop the acquisition proceedings. But the petitioners' objections were neither considered by the respondents nor the acquisition proceedings were dropped. Therefore, the aggrieved petitioners have filed the present writ petition for the relief stated supra.

4. The learned counsel appearing for petitioners submitted that the petitioners are marginal farmers, owning small extent of lands and if their lands are allowed to be acquired, they will be put to irreparable hardship and therefore, their objections regarding the acquisition proceedings have to be considered by the respondents. He further submitted that though the petitioners have submitted their objections twice, the respondents have not even bothered to consider the same.

5. The learned Government Advocate appearing for the respondents submitted that the petitioners have challenged the Notification issued by the second respondent under Section 3(2) of the Act and no notification has been sent by the respondents under Section 3(1) of the Act to the petitioners.

6. From the submissions made by the counsels on both sides, it is seen that the petitioners have filed this writ petition at the premature stage itself i.e., even before the issuance of Notification under Section 3(1) of the Act. The case of the petitioner is that the second respondent had issued the Notification under Section 3(2) of the Act for acquiring the lands of the petitioners for constructing petroleum storage warehouses to HPCL, against which the petitioners have also gave their objections. The apprehension of the petitioners is that the respondents are attempting to dispossess them from their properties. Therefore, this Court will protect the rights of the petitioners to the extent that till the issuance of Notification under Section 3(1) of the Act, the respondents shall not disturb the possession of the petitioners. Insofar conducting survey in the petitioners' lands, the respondents shall proceed with the same without damaging the standing crops in it.

7. This Writ Petition is disposed of with the above observations. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar mrr To 1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Special Tahsildar (Land Acquisition HPCL), Nallampalli, Dharmapuri District.

+1cc to Mr.K.Gandhi Kumar, Advocate SR.No.35173 +1cc to Government Pleader, High Court, Madras SR.No.36300 W.P.No.10860 of 2019 SJ(CO) GMY(07/06/2019)