P.Malarmani v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM P.Malarmani

...Petitioner

Vs 1.The Government of Tamil Nadu, Rep. by is Secretary, Revenue Department, Fort St. George, Chennai - 600 009.

2.The Land Acquisition Officer, Special Tahsildar [L.A.] II, Aromotic Complex [MRL], Saidapet, CHennai - 600 015.

3.The Assistant Grade Revenue Inspector, Aromotic Complex [MRL], Saidapet, Chennai - 600 015.

4.The Land Acquisition Officer, Saidapet, Chennai - 600 015.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to drop all

further land acquisition proceedings against petitioner's land in S.No.764 at Vallur Village, Ponneri Taluk, Thiruvallur District by passing orders on the representation dated 27.01.2023.

For Petitioner : Mr.D.Kushal Kumar for Mr.V.Narayanan For Respondents : Mr.D.Ravichander Special Government Pleader

ORDER

The relief sought for in the present writ petition is to direct the respondents to drop all further land acquisition proceedings against the petitioner's land in S.No.764 at Vallur Village, Ponneri Taluk, Tiruvallur District.

2.The representation submitted by the writ petitioner on 27.01.2023 reveals that the lands belonged to the petitioner was acquired in the year 1999 itself. The land was acquired for formation of Aromotic Complex [MRL]. The grievance of the writ petitioner is that possession had not been taken and now after a lapse of 23 years, the respondents have initiated action to take possession of the acquired property.

3.Once the lands were acquired, it absolutely vests with the Government and therefore, the petitioner cannot say that she is in possession of the property. Presuming that the petitioner is in possession, it is to be construed as illegal possession since the land belongs to the petitioner had already been acquired in the year 1999. Thus, the relief as such sought for to drop all further land acquisition proceedings does not arise at all.

4.Accordingly, the writ petition stands dismissed. No costs. 28.08.2023 cse Index:Yes/No Speaking order/Non-speaking order

S.M.SUBRAMANIAM, J.

cse To 1.The Secretary, Government of Tamil Nadu Revenue Department, Fort St. George, Chennai - 600 009.

2.The Land Acquisition Officer, Special Tahsildar [L.A.] II, Aromotic Complex [MRL], Saidapet, CHennai - 600 015.

3.The Assistant Grade Revenue Inspector, Aromotic Complex [MRL], Saidapet, Chennai - 600 015.

4.The Land Acquisition Officer, Saidapet, Chennai - 600 015.

28.08.2023