Vidya Prabhakar v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.22886 of 2021 and W.M.P.No.24091 of 2021 Vidya Prabhakar Represented by Power of Attorney Agent Mohana Jagadeesan ....Petitioner Vs

1. The Chairman, State Industries Promotion Corporation of Tamil Nadu Ltd., (SIPCOT) 19-A, Rukmani Lakshmipathy Salai, Egmore, Chennai - 600 008.

2. The District Revenue Officer, Siruseri I.T.Park, Siruseri Chennai 603 103.

3. Projects Officer, Siruseri I.T.Park Project Officer, 1st Cross Road, Siruseri, Chennai - 603 103.

....Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from interfering with the petitioner's ownership, physical possession and enjoyment of 6900 sq.ft. of land in Tranquil Garden (previously known as Harshini Farms & Estate) comprised in survey No.156/2-A of Pudupakkam Village, Thiruporur Taluk, present Chengalpet District except by due process of law.

For Petitioner : Mr.J.Pothiraj For R2 : Mr.A.Selvendran Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, forbearing the respondents from interfering with the petitioner's ownership, physical possession and enjoyment of 6900 sq.ft. of land in Tranquil Garden (previously known as Harshini Farms & Estate) comprised in survey No.156/2-A situated at Pudupakkam Village, Thiruporur Taluk, present Chengalpet District except by due process of law.

2. Heard, Mr.J.Pothiraj, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for the second respondent.

3. Admittedly, the petitioner is in possession and enjoyment of the property, comprised in survey No.156/2-A situated at No.41, Pudupakkam Village. Even till today, the acquisition proceedings has not been taken by the respondent.

4. The learned counsel for the respondents would submit that due to flood, they are not served any notice to the petitioner to acquire the land for the purpose of I.T Park.

5. Considering the above, the respondents are directed to restrain from interfering with the petitioner's ownership, physical possession and enjoyment of 6900 sq.ft. of land in Tranquil Garden (previously known as Harshini Farms & Estate) comprised in survey No.156/2-A situated at Pudupakkam Village, Thiruporur Taluk, present Chengalpet District except by due process of law. It is made clear that if any acquisition proceedings initiated as against the subject land belonged to the petitioner, the respondents are directed to follow the procedure contemplated under the Land Acquisition Act.

6. With the above direction, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Lpp

To

1. The Chairman, State Industries Promotion Corporation of Tamil Nadu Ltd., (SIPCOT) 19-A, Rukmani Lakshmipathy Salai, Egmore, Chennai - 600 008.

2. The District Revenue Officer, Siruseri I.T.Park, Siruseri Chennai 603 103.

3. The Projects Officer, Siruseri I.T.Park Project Officer, 1st Cross Road, Siruseri, Chennai - 603 103.

+1cc to Mr.J.Pothiraj, Advocate, S.R.No.61803 +1cc to the Government Pleader, S.R.No.62592 W.P.No.22886 of 2021 and W.M.P.No.24091 of 2021 PMK[co] NSK 27/12/2021