M/S.Life Aiid Centre For Dis Abled Society v. The Commissioner Of Land Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.18689 & 18690 of 2021 M/s.Life Aid Centre for Disabled Society, Rep. by its secretary, Vinoth Kumar, having registered office at No.23, Rajaji Street, Manavalanagar, Thiruvallur District.
... Petitioner Vs.
1. The Commissioner of Land Administration, Chepauk, Chennai-600 005.
2. The Special District Revenue Officer, (LA), Tamil Nadu Highways Development Project, Guindy, Chennai-32.
3. The Special District Revenue Officer, (LA), Office of the Land Acquisition, Chennai-Kanyakumari Industrial scheme, Kancheepuram, Kancheepuram District.
4. The Special Tahsildar (LA), CKICP, Arakkonam, Arakkonam District.
5. A.T.Raja ... Respondents 1/5
Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified mandamus, calling for the records relating to the impugned land acquisition notification No.374-VI Section I dated 12.9.2020 published in Tamil Nadu Government Gazette extraordinary on the file of the 1st respondent and quash the same and consequently direct the respondents to issue a fresh notification by including the name of the petitioner in the land acquisition proceedings. For Petitioner : Mr.S.Arokia Maniraj For Respondents :
(for R1 to R4) : Mr.D.Ravichander, Spl.G.P.
(for R5) : Mr.S.Shyam Kumar
O R D E R
The acquisition notification no.374-VI Section I dated 12.09.2020 published in Tamil Nadu Government Gazette is under challenge in the present writ petition.
2.The petitioner is M/s.Life Aid centre for disabled society. The petitioner claims that they are the absolute owners of the subject property, more fully described in the writ proceedings. The respondents initiated acquisition proceedings by issuing the impugned notification dated 2/5
12.09.2020. However no notice was issued to the petitioner and therefore, the petitioner has chosen to file the present writ petition. 3.It is contended that the name of the petitioner has not been reflected in the Government Gazette and thus, the notification is to be set aside as far as the petitioner is concerned. The learned Special Government Pleader, appearing on behalf of the respondents, brought to the notice of this Court that the very same writ petitioner, earlier filed a writ petition in W.P.No.7879 of 2021 and this Court passed final orders on 26.03.2021 and after adjudication, this Court found that the petitioner's name was not in the Revenue records and therefore, it did not appear in the notification issued by the competent authorities.
4.It is brought to the notice of this Court that the award has already been referred and the compensation award has been deposited. 5.This being the factum, the writ petition itself is not entertainable and more so, the petitioner's name is not found in the Revenue records and for all these reasons the writ petition deserves no merits consideration. 3/5
6.Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (sha) 13.06.2023 Index : Yes Speaking Order To
1. The Commissioner of Land Administration, Chepauk, Chennai-600 005.
2. The Special District Revenue Officer, (LA), Tamil Nadu Highways Development Project, Guindy, Chennai-32.
3. The Special District Revenue Officer, (LA), Office of the Land Acquisition, Chennai-Kanyakumari Industrial scheme, Kancheepuram, Kancheepuram District.
4. The Special Tahsildar (LA), CKICP, Arakkonam, Arakkonam District.
4/5
S.M.SUBRAMANIAM . J., (sha) 13.06.2023 5/5