S.Shanthi v. The District Collector
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 19.06.2025
CORAM:
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ S.Shanthi ..
Petitioner Vs.
1. The District Collector Thiruvallur District, Thiruvallur Pin - 602 001.
2. The Special District Revenue Officer Land Acquisition [Phase - III] SIPCOT Industrial Park, Manellore - SIPCOT Project S. Kashuriammal Complex, No.525-A, G.N.T. Road Samireddy Kandigai, Gummidipoondi - 601 201.
3. The Special Tahsildar Land Acquisition [Phase - III] SIPCOT Industrial Park, Manellore - SIPCOT Project S. Kashuriammal Complex, No.525-A, G.N.T. Road Samireddy Kandigai, Gummidipoondi - 601 201.
4. T.R.Gunasekaran
5. G.Navaneetham
6. T.G.Tamilarasan
7. T.G.Elango
8. S.Indra
9. The Managing Director SIPCOT, No.19-A, Rukmini Lakshmipathy Road Egmore, Chennai - 600 008.
[R9 suo motu impleaded vide order dated 19.06.2025 in W.P.No.21671 of 2025] ..
Respondents Page No.1 of 7
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to dispose off the representation of the petitioner dated 19.03.2025 within a time frame to be fixed by this Court as per Section 9 of the Tamil Nadu Acquisition of Lands for Industrial Purpose Act. For Petitioner :
Mr.R.Krishnasamy For Respondents :
Mr.A.Selvendran Special Government Pleader for R1 to R3 Mr.Abishek Murthy Standing Counsel for R9
ORDER
By consent of both parties, the present writ petition is taken up for final disposal at the admission stage itself. In view of the nature of the order that is going to be passed in the present writ petition, notice to respondent 4 to 8 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the first respondent to dispose of the petitioner's representation dated 19.03.2025, taken out under Section 9 of the Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997 [for brevity, hereinafter referred as "the Act of 1997"].
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3. It is submitted that the State of Tamil Nadu had acquired the lands comprised in S.Nos.256/6B, 256/6G, 263/1B, 71/2, 255/1A, 255/1C, 266/14C, 267/11D, 278/8, 80/2, 88/2, 88/5, 89/5, 89/8, 256/6C, 256/6E, 257/1B, 257/1C, 257/4A, 258/2, 277/16, 259/14, 269/6, 269/13, 269/5, 266/14A, 236/2, 80/9, 21/2B1A1, 21/2B1C, 331A, 330/2 and 329, Vaniamalli Village, Gummidipoondi Taluk, Thiruvallur District. It is submitted that the petitioner had filed a suit for partition against one T.R.Gunasekaran and others in O.S.No.314 of 2023, seeking partition and allotment of the petitioner's share of the schedule property. It is submitted that the above suit is pending before the Additional District Judge, Court No.IV at Ponneri.
4. The learned counsel for the petitioner would submit that the petitioner has the right to compensation in respect of the lands that are being acquired and had taken out an application/representation to the District Collector in terms of Section 9 of the Act of 1997, which provides for apportionment of amount, where more than one person claims right over the amount determined as compensation.
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5. It is submitted by the learned Standing Counsel appearing for the newly impleaded ninth respondent that the above representation would be considered and appropriate orders would be passed, on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of the uploaded copy of the order, after hearing the petitioner, any other interested parties and rivalries, if any, which is accepted to by the learned counsel for the petitioner.
6. It is also submitted by the learned Standing Counsel for the ninth respondent that if by chance the compensation has already been dispersed, the appropriate Authority under Section 9 of the Act of 1997 would inform the same to the petitioner, who may then have to work out his remedy in the manner known to law.
7. By recording the aforesaid submissions, the present writ petition stands disposed of. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the Page No.4 of 7
representation on its own merits and in accordance with law after putting the parties in O.S.No.314 of 2023 to notice and any other interested parties. There shall be no order as to costs. Consequently, W.M.P.No.24462 of 2025 is closed. 19.06.2025 Index:Yes/No Speaking order/Non-speaking order drm To:
1. The District Collector Thiruvallur District, Thiruvallur Pin - 602 001.
2. The Special District Revenue Officer Land Acquisition [Phase - III] SIPCOT Industrial Park, Manellore - SIPCOT Project S. Kashuriammal Complex, No.525-A, G.N.T. Road Samireddy Kandigai, Gummidipoondi - 601 201.
3. The Special Tahsildar Land Acquisition [Phase - III] SIPCOT Industrial Park, Manellore - SIPCOT Project S. Kashuriammal Complex, No.525-A, G.N.T. Road Samireddy Kandigai, Gummidipoondi - 601 201.
4. The Managing Director SIPCOT, No.19-A, Rukmini Lakshmipathy Road Egmore, Chennai - 600 008.
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MOHAMMED SHAFFIQ, J.
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