Mrs.Neela v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.20808 of 2025 1.Mrs.Neela 2.N.Murugan ... Petitioners Vs.
1.The Secretary to the Government, Industries Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The District Collector, Office of the Collectorate, Vengikal, Tiruvannamalai, Tiruvannamalai District.
3.The Special District Revenue Officer, (L.A), SIPCOT, Cheyyar Extension Scheme, 26-A, Kasikara Street, Thiruetripuram, Cheyyar - 604 407, Tiruvannamalai District.
4.The Special Thasildar, (L.A), Unit-III, Office of the SIPCOT, Cheyyar, Cheyyar Taluk, Tiruvannamalai District.
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5.The Managing Director, State Industries Promotion Corporation of Tamil Nadu Limited, No.19-A, Rukmani Lakshmipathi Road, Egmore, Chennai - 600 008. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents to compute and pay to the Petitioners for Acquisition of their lands of 2 acres 89 cents in Survey No.239/1D situates in Karanai Revenue Village, Cheyyar Taluk, Tiruvannamalai District, acquired under the Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997 covered under Award Notice of the 4th Respondent in Na.Ka.No.A2/324/2021 dated 03.02.
2025, the benefits under the provisions of sections 26 to 30 and also Chapter V & I, II Schedule of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and also based on the common representation of the Petitioners dated 20.06.2023, 01.07.2024 and 03.03.2025 and dispose the same within the time frame that may be fixed by this Hon'ble Court. For Petitioner(s) : Mr.S.Arokiamaniraj For Respondent(s) : Mr.A.Selvendran for R1 to R4 Special Government Pleader Mr.
ORDER
By consent of learned counsel on both sides, this writ petition is 2/7
taken up for final disposal at the admission stage itself. 2.The present writ petition is filed praying for a writ of mandamus, to direct the respondents to compute and pay to the petitioners for acquisition of their lands of 2 acres 89 cents in S.No.239/1D situated at Karanai Revenue Village, Cheyyar Taluk, Tiruvannamalai District, acquired under the Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997, covered under Award Notice of the 4th Respondent in Na.Ka.No.A2/324/2021 dated 03.02.2025, the benefits under the provisions of sections 26 to 30 and also Chapter V & I, II Schedule of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and also to dispose of the common representation of the petitioners dated 20.06.2023, 01.07.2024 and 03.03.2025.
3.After submitting for a brief while, learned Special Government Pleader would submit that the communication dated 03.02.2025 wherein it was stated that in respect of S.No.239/1D, the persons claiming ownership shall obtain approval from the Revenue Divisional Officer and would thereafter, approach the Principal District Judge, Tiruvannamalai. 3/7
4.It is submitted by the learned counsel for the petitioner that they may be granted liberty to obtain approval from the Revenue Divisional Officer and thereafter, approach the Principal District Judge, Tiruvannamalai, in support of its claim for computation and payment of compensation under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 and under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
5.The learned Special Government Pleader would submit that the petitioner's may not be entitled to claim any benefit under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
6. In view thereof, the writ petition stands disposed of. It is open to the petitioner's to urge before the appropriate authority regarding the entitlement under the above said enactments and the same would be decided by the appropriate authority in accordance with law, after affording the petitioner and any other interested parties a reasonable 4/7
opportunity of hearing. It is made clear that this Court has not expressed any opinion on the applicability or entitlement of the petitioner's right in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. No costs. Consequently, connected miscellaneous petition is closed. 05.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam 5/7
To 1.The Secretary to the Government, Industries Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The District Collector, Office of the Collectorate, Vengikal, Tiruvannamalai, Tiruvannamalai District.
3.The Special District Revenue Officer(L.A), SIPCOT, Cheyyar Extension Scheme, 26-A, Kasikara Street, Thiruetripuram, Cheyyar - 604 407, Tiruvannamalai District.
4.The Special Thasildar (L.A), Unit-III, Office of the SIPCOT, Cheyyar, Cheyyar Taluk, Tiruvannamalai District.
5.The Managing Director, State Industries Promotion Corporation of Tamil Nadu Limited, No.19-A, Rukmani Lakshmipathi Road, Egmore, Chennai - 600 008.
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MOHAMMED SHAFFIQ, J.
pam 05.06.2025 7/7