M/S.Index Auto Gears P Ltd v. The Addl. Chief Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14841 of 2018 M/s Index Auto Gears (P) Ltd., rep.by its Director N.Balasubramanian No.3, 1st Cross Street Kasturba Nagar Adyar, Chennai 600 020 ...
Petitioner -vs1. The Additional Chief Secretary to Government Industries Department Fort St.George Chennai 600 009
2. The General Manager SIPCOT No.19-A, Rukmani Lakshmipathy Road Egmore, Chennai
3. The Special District Revenue Officer (LA) Sriperumbudur Expansion (Vallam-Vadagal) Scheme No.42, Thirumangal Alwar Street Sriperumbudur 602 105
4. The District Collector
5. The District Revenue Officer
6. The Revenue Divisional Officer
7. The Tahsildhar Sriperumbudur Taluk Sriperumbudur ...
Respondents
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 4 to 7 respondents to consider the petitioner's representation dated 17.04.2018 and thereby direct the 4 to 7 respondents to mutate all the revenue records in the petitioner's company name in the subject matter of land in Survey Nos.170/5B, 170/6, 170/7, 170/8A, 170/8B, 170/9, 171/7, 172/7, 172/8 and 172/9A of Vadakkal Village, Sriperumbudur Taluk, Kancheepuram District.
For Petitioner ::
Mr.L.Chandrakumar for Mr.B.Gopalakrishnan For Respondents ::
Mr.S.N.Parthasarathy Government Advocate for R1, 3 to 7
ORDER
The petitioner claims to be the owner of the company M/s Index Auto Gears Private Limited and the lands situated in Survey Nos.170/5B, 170/6, 170/7, 170/8A, 170/8B, 170/9, 171/7, 172/7, 172/8 and 172/9A at Vadakkal Village, Sriperumbudur Taluk, Kancheepuram District. As the said lands were acquired for SIPCOT Sriperumbudur expansion (Vallam-Vadakkal) Scheme, Writ Petition Nos.8141, 8142 and 8505 of 2012 were filed by the persons including the petitioner and this Court, vide order dated 23.1.2013, finding fault with the wrong procedure adopted by the respondents, quashed the G.O.Ms.No.153, Industries (SIPCOT-LA) Department dated 29.11.
2011 issued by the Government under Section 3(1) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 for acquiring the lands mentioned therein for industrial purpose, by allowing the writ petitions. Thereafter, the District Collector, Kancheepuram, in his proceedings Na.Ka.No.19/2010/1A dated 30.9.2015, sent a proposal to exempt the lands of the petitioner from the land acquisition proceedings to the Managing Director, SIPCOT. The grievance of the petitioner is that the said proposal has not been till date considered.
Hence, the petitioner has given a representation on 17.4.2018 to the District Collector, Kancheepuram, the District Revenue Officer, Kancheepuram, the Revenue Divisional Officer, Kancheepuram and the Tahsildar, Sriperumbudur Taluk, the respondents 4 to 7 herein to mutate the revenue records in the name of the company in respect of the subject matter of lands covered in Survey Nos.170/5B, 170/6, 170/7, 170/8B, 170/9, 171/7, 172/7, 172/8 and 172/9A of Vadakkal Village, Sriperumbudur Taluk, Kancheepuram District. Finding no response, he has come to this Court.
2. The learned Government Advocate appearing for the respondents 1, 3 to 7 submitted that the petitioner's representation will be duly considered within a period of four weeks.
3. Recording his statement, this Court hereby directs the respondents 4 to 7 to consider the petitioner's representation and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ss To
1. The Additional Chief Secretary to Government Industries Department Fort St.George Chennai 600 009
2. The General Manager SIPCOT No.19-A, Rukmani Lakshmipathy Road Egmore Chennai 600 008
3. The Special District Revenue Officer (LA) Sriperumbudur Expansion (Vallam-Vadagal) Scheme No.42, Thirumangal Alwar Street Sriperumbudur 602 105
4. The District Collector
5. The District Revenue Officer
6. The Revenue Divisional Officer
7. The Tahsildhar Sriperumbudur Taluk Sriperumbudur +2cc to Mr.B.Gopalakrishnan, Advocate Sr.38960 +1cc to the Government Pleader Sr.39913 W.P.No.14841 of 2018 nm[co] srg 28/06/2018