Rajendran Sabanayagam v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2025
CORAM:
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and WMP.No.20700 of 2025 1.Rajendran Sabanayagam 2.Ashwin Sabanayagam Represented by his Power of Attorney Mr.Rajendran Sabanayagam both residing at No.16 Bishop Garden, R.A.Puram, Chennai 600 028.
... Petitioners Vs.
1.The State of Tamil Nadu Rep.by its Secretary to Government Industries (SIPCOT-LA) Department Secretariat, Fort St.George Chennai 600 009.
2.Tamil Nadu Industrial Guidance & Export Promotion Bureau Rep.by its Director No.19-A, Rukmani Lakshmipathy Road Egmore, Chennai 600 008.
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3.Land Acquisition Officer and District Collector Kancheepuram District, Kancheepuram.
4.The Special Tahsildar (LA) Irungattukottai Expansion Scheme Unit- V, Sriperumbudur, Kancheepuram Dist.
5.Principal Secretary/Chairman and Managing Director SIPCOT 19-A, Rukmani Lakshmipathy Road Egmore, Chennai 600 008.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records which culminated in the impugned order dated 17.04.2025 bearing Na.Ka.No.10/2008 and Award No.05/2025 passed by the third respondent and quash the same, and consequently direct the third respondent to conduct fresh enquiry in terms of the directives issued by this Court in its common order dated 10.06.2024 in W.P.No.28143 of 2013.
For Petitioners : Mr.Shricharan Rangarajan Senior Counsel for M/s.BFS LEGAL For Respondents : M/s.R.Anitha Special Government Pleader 2/8
ORDER
This is the third round of litigation at the instance of the petitioners.
2. By an order dated 10.06.2024 in Writ Appeal Nos.385 to 387 of 2019 etc., batch the Division Bench had passed the following orders: "11.On account of efflux of time and due to the long pendency of the writ petitions and writ appeals, we are inclined to grant liberty to all the land owners to submit their respective objections along with the documents, if any within a period of four (4) weeks from the date of receipt of a copy of this order. On receipt of such objections, if any, the competent authorities/Land Acquisition Officer shall consider the same on merits and in accordance with law, if necessary by affording an opportunity and thereafter pass orders as expeditiously as possible. The authorities competent are at liberty to decide all the grounds and the question of law including the compensation to be settled, whether under the old Act or under the new Acquisition Act.
12.However, the respondents shall verify the title documents produced by the petitioners once again including that of the documents produced by the other contesting 3/8
respondents and take an appropriate decision and pass order on merits and in accordance with law. In the event of any title dispute exist between the parties, then the parties are to be relegated to approach the Competent Civil Court of Law for the purpose of resolving the disputes and only thereafter the compensation due to them is to be settled in accordance with law."
3. Pursuant to the order passed by the Division Bench, the petitioners had submitted their objections on 15.04.2024. They pleaded that they would be heard before orders are passed. They relied upon the order of the Division Bench referred above. Despite the same, the impugned order came to be passed without giving an opportunity of hearing the petitioners and without reference to their objections. Hence the Writ Petition.
4. When the mater came up for hearing last week, I called upon the learned Special Government Pleader to get instructions. 4/8
5. M/s.R.Anitha, learned Special Government Pleader has obtained instructions from the Special District Revenue Officer, Oragadam, Chennai. She has stated that the Revenue Department is willing to redo the exercise within a period of four (4) weeks from today.
6. In the light of the instructions given in Na.Ka.No.10/2008, dated 20.05.2025, the writ petition is disposed of with the following directions:
(i) The impugned order is quashed;
(ii) The petitioners shall appear before the third respondent on 05.06.2025 at 10.30 a.m;
(iii) The third respondent shall peruse the objections made by the petitioners and hear their submissions and shall pass orders on or before 26.06.2025. It is needless to add the order must be a reasoned one; 5/8
(iv) There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
22.05.2025 (1⁄2) ssi/dna Index :Yes/No :Yes/No Speaking order/Non-speaking order 6/8
To 1.The Secretary to Government Industries (SIPCOT-LA) Department Secretariat, Fort St.George Chennai 600 009.
2.Tamil Nadu Industrial Guidance & Export Promotion Bureau Rep.by its Director No.19-A, Rukmani Lakshmipathy Road Egmore, Chennai 600 008.
3.The Land Acquisition Officer and District Collector Kancheepuram District, Kancheepuram.
4.The Special Tahsildar (LA) Irungattukottai Expansion Scheme Unit- V, Sriperumbudur, Kancheepuram Dist.
5.The Principal Secretary/Chairman and Managing Director SIPCOT 19-A, Rukmani Lakshmipathy Road Egmore, Chennai 600 008.
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V.LAKSHMINARAYANAN , J.
ssi/dna and WMP.No.20700 of 2025 22.05.2025 (1/2) 8/8