E.Nandakumar v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.28738 of 2024 E.Nandakumar
...Petitioner
Vs.
1.The Secretary Industries, Investment Promotion & Commerce Department Secretariat Chennai 600 009.
2.The District Collector Kancheepuram.
3.The Managing Director SIPCOT No.19A, Rukmani Lakshmipathy Road Egmore, Chennai 600 008.
4.The Spl.Tahsildar SIPCOT Siruseri Scheme SIPCOT Pillaipakkam Project Officer Building Kundrathur Main Road Sriperumbudur 602 105.
...Respondents
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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to issue No Objection Certificate on the petitioner's land measuring an extent of 5.5 cents comprised in Old Survey No.83/2, as per Patta No.198, New Survey No.83/2N, situated in Old No.34, New No.9, Egattur Village, Thiruporur Taluk, Chengalpet District, pursuant to the order dated 29.10.2020 by considering the representation dated 20.06.2024.
For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.A.Selvendran for R1 & R2 Special Government Pleader Mr.Ramesh Venkatachalapathy for R3 & R4 Standing Counsel (SIPCOT)
O R D E R
The petitioner herein seeks a direction to the respondent to issue "No Objection Certificate" on the based on the representation of the petitioner dated 20.06.2024.
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2. It is the case of the petitioner that property situated in Old S.No.83/2 with the Patta No.198 New S.No.83/2-N with an extent of 5.5 cents at Egattur Village, Thiruporur Taluk, Chengalpet District, was purchased by the petitioner under a registered sale deed dated 05.09.2005. The said property was acquired for SIPCOT Siruseri Information Technology Park and the land acquisition proceedings were challenged by the petitioner in W.P.Nos.34423 & 34424 of 2004 etc., batch case. The said writ petitions were allowed by the order dated 29.10.2020. It is further stated by the petitioner that the respondents have not filed any appeal challenging the order passed by the learned Single Judge of this Court. Therefore, he submitted a representation before the respondents 2, 3 & 4 on 20.06.2024 seeking issuance of "No objection Certificate" for mutation of revenue records in his name. The said representation has not been considered by the petitioner. Hence, the petitioner is before this Court.
3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1 & 2 and Mr.Ramesh Venkatachalapathy, learned Standing Counsel takes notice for the respondents 3 & 4. 3/6
4. Against the order of the learned Single Judge of this Court dated 29.10.2020, allowing Writ Petition, to the knowledge of the petitioner, till date no appeal has been filed. In case no appeal has been preferred, there may not be any impediment for the respondents 3 & 4 to consider the request of the petitioner seeking issuance of No Objection Certificate.
5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the fourth respondent to consider the representation of the petitioner dated 20.06.2024 and pass final orders, on its own merits, within a period of six weeks from the date of receipt of copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
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To 1.The Secretary Industries, Investment Promotion & Commerce Department Secretariat Chennai 600 009.
2.The District Collector Kancheepuram.
3.The Managing Director SIPCOT No.19A, Rukmani Lakshmipathy Road Egmore, Chennai 600 008.
4.The Spl.Tahsildar SIPCOT Siruseri Scheme SIPCOT Pillaipakkam Project Officer Building Kundrathur Main Road Sriperumbudur 602 105.
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S.SOUNTHAR , J.
dna W.P No.28738 of 2024 (1/3) 27.09.2024 6/6