Yashoo Madhi Thoshi v. Dharma Thoppu Trust.Arakkattalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU 1.Yashoo Madhi Thoshi 2.M/s.Doshi Developers Pvt. Ltd., rep. by its Director Mehul H.Doshi, Doshi Towers, 9th Floor, No.156, Poonamallee High Road, Kilpauk, Chennai-600 010 .

.. Appellants Vs 1.Dharma Thoppu Trust/Arakkattalai, rep. by its Managing Trustee S.Ranga, No.265, M.T.H. Road, Villivakkam, Chennai - 600 049.

2.The District Collector, District Collector Office, Chennai - 600 001.

3.The District Revenue Officer, Land Acquisition, Chennai Metro Rail, Chennai.

4.The Land Acquisition Officer and Revenue Divisional Officer, Central Chennai Revenue Division, Anna Nagar West Extension, Chennai-600 101.

5.The Tahsildar, Land Acquisition, Chennai Metro Rail, Chennai.

6.The District Revenue Officer, Settlement Officer, Chennai Metro Rail, Chennai.

7.M.R.Sivakumar .. Respondents Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 11.02.2021 passed by the learned Single Judge in W.P.No.20392 of 2020.

For the Appellants : Mrs.AL.Gandhimathi Senior Counsel for M/s.SA Kanmani For the Respondents : Mr.K.Dhananjayan for respondent No.1 : Mrs.R.Anitha Spl. Government Pleader for respondent Nos.2 & 4

: Mrs.Rita Chandrasekar for respondent Nos.3,5 & 4 Mr.S.Mukunth Senior Counsel for Mr.Karthikeyan Anbazhagan for respondent No.7

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Mrs.AL.Gandhimathi, learned Senior Counsel for the appellants; Mr.K.Dhananjayan, learned counsel for the first respondent; Mrs.R.Anitha, learned Special Government Pleader for respondents 2 and 4; Mrs.Rita Chandrasekar, learned counsel for respondents 3, 5 and 6; and, Mr.S.Mukunth, learned Senior Counsel for Mr.Karthikeyan Anbazhagan, learned counsel for the seventh respondent.

2. Learned Senior Counsel for the appellants/respondent Nos.7 and 8 in the writ petition submits that the present appellants are the owners of the property under a registered sale deed purchased from

the erstwhile owner. However, the learned Single Judge in a writ petition filed by the first respondent herein directed the Land Acquisition Officer to issue notices and allowed the parties to respond to the notices under Section 3(2) of the Acquisition of lands for Industrial Purposes Act, 1977. It is submitted that the said recourse ought not to have been adopted, as the present appellants are the owners of the property.

3. The contention of the first respondent Trust is otherwise. The Trust contends that it is their land right from the year 1875.

4. In the writ jurisdiction, the disputed questions of fact and the dispute about the title cannot be entertained. The learned Single Judge has rightly considered the said aspect. Even in case of land acquisition, the procedure contemplated is to be followed. Naturally, the officers will have to follow the procedure by issuing appropriate notices and the say of the appellants will have to be considered by them.

5. In the light of that, the writ appeal is disposed of. There will be no order as to costs. Consequently, C.M.P.Nos.15454 of 2021 and 17037 of 2022 are closed.

(S.V.G., CJ.) (P.D.A., J.) 09.08.2023 Index :

Yes/No Yes/No bbr

To 1.The District Collector, District Collector Office, Chennai - 600 001.

2.The District Revenue Officer, Land Acquisition, Chennai Metro Rail, Chennai.

3.The Land Acquisition Officer and Revenue Divisional Officer, Central Chennai Revenue Division, Anna Nagar West Extension, Chennai-600 101.

4.The Tahsildar, Land Acquisition, Chennai Metro Rail, Chennai.

5.The District Revenue Officer, Settlement Officer, Chennai Metro Rail, Chennai.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr 09.08.2023