Madras High CourtWA/230/2023disposed of

G.V.K. Perambalur Sez Private Limited v. Selvarani

2026-03-26Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender13 pages

2026:MHC:1289 1+IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WA No. 230, 234, 235,238,239 & 242 of 2023 and CMP Nos. 2483, 2482, 2478, 2463, 2447 & 2492 of 2023 G.V.K. Perambalur SEZ Private Limited No. 255/DA/48D Mettu Street, Samiappa Nagar, Perambalur - 621 212.

..Appellant(s) Vs

1. Selvarani W/o. Krishnamurthi, Door No. 50/1, MGR Thidal, Thidir Kuppam, Circle No. 30, Ward No. 10, Kurinijipadi Taluk, Cuddalore District.

2. The Chairman TN Industrial Development Corporation Limited, (A Govt. of Tamil Nadu Enterprises), No.19-A Rukkmani Lakshmipathy Road (Marshalls Road), Egmore, Chennai 8

3. The District Collector Office of the District Collector, Perambalur District, Perambalur.

4. The Sub Registrar Office of the Sub Registrar, Valigandapuram, Thirumanthurai Village, Perambalur District

5. G.V.K. Industries Ltd., 156-159, Baicca House, Sardarpatel Road, Secundarabad 500 003, Andrapradesh State

6. G.V.K. Infra Tech Private Ltd.

Rep by its Authorized Signatory, Srinivasalu Reddy,

156-159, Baicca House, Sardarpatel Road, Secundarabad 500 003, Andrapradesh State

7. The Director Of Town And Country Planning, Perambalur District (R7-Impleaded Suo Motu as party respondent, vide order of Court dated 08/02/2023 made in WA.Nos.230,234,235,238,239 and 242 of 2023 and CMP.Nos.2447,2463,2478,2482,2483 AND 2492/2023 (TR., ACJ & DBCJ) ..Respondent(s) WA No. 238 of 2023 G.V.K. Perambalur SEZ Private Limited No. 255/DA/48D Mettu Street, Samiappa Nagar, Perambalur - 621 212.

..Appellant(s) Vs

1. K. Periyasamy S/o. Kannan, Door No. 76, MGR Street, Circle No. 30, Ward No. 10, Kurinjipadi Taluk, Neyveli - 7, Cuddalore District.

2. The Chairman TN Develop. Corpn. Ltd., (A Govt. of Tamil Nadu Enterprises), No.19-A Rukkmani Lakshmipathy Road (Marshalls Road), Egmore, Chennai 8

3. The District Collector Office of the District Collector, Perambalur District, Perambalur.

4. The Sub Registrar Office of the Sub Registrar, Valigandapuram, Thirumanthurai Village, Perambalur District

5. G.V.K. Industries Ltd., 156-159, Baicca House, Sardarpatel Road, Secundarabad 500 003, Andrapradesh State

6. G.V.K. Infra Tech Private Ltd.

Rep by its Authorized Signatory Srinivasalu Reddy, 156-159, Baicca House, Sardarpatel

Road, Secundarabad 500 003, Andrapradesh State

..Appellant(s) Vs

1. Lakshmi W/o.Late Palanivel, Door No.22/4, East Street, Melakuppam, Viridhachalam Taluk, Cuddalore 607 802, Cuddalore District.

2. The Chairman TAMIL NADU Industrial Develop. Corpn. Ltd., (A Govt. of Tamil Nadu Enterprises), No.19-A Rukkmani Lakshmipathy Road (Marshalls Road), Egmore, Chennai 8

3. The District Collector Office of the District Collector, Perambalur District, Perambalur.

4. The Sub Registrar Office of the Sub Registrar, Valigandapuram, Thirumanthurai Village, Perambalur District

5. G.V.K. Industries Limited 156-159, Baicca House, Sardar Patel Road, Secundarabad 500 003, Andrapradesh State

6. G.V.K. Infra Tech Private Limited Rep by its Authorized Signatory Srinivasalu Reddy, S/o.P.Janarathana Reddy, 156-159,

Baicca House, Sardar Patel Road, Secundarabad 500 003, Andrapradesh State.

..Appellant(s) Vs

1. G.Maheswari W/o.Govindan, Door No.1/210 South Street, Venkanaur, Thittakudi, Cuddalore District.

2. The Chairman Tamil Nadu Industrial Development Corporation Limited, (A Govt. of Tamil Nadu Enterprises), No.19-A Rukkmani Lakshmipathy Road (Marshalls Road), Egmore, Chennai 8.

3. The District Collector Office of the District Collector, Perambalur District, Perambalur.

4. The Sub Registrar Office of the Sub Registrar, Valigandapuram, Thirumanthurai Village, Perambalur District

5. G.V.K. Industries Limited 156-159, Baicca House, Sardar Patel Road, Secundarabad 500 003, Andrapradesh State

6. G.V.K. Infra Tech Private Limited Rep by its Authorized Signatory Srinivasalu Reddy, S/o.P.Janarathana Reddy, 156-159,

Baicca House, Sardar Patel Road, Secundarabad 500 003, Andrapradesh State.

..Appellant(s) Vs

1. A.Periyasamy S/o.Arumugam, Door No.2/42, West Street Colony, Vadakaram, Poondi Village, Thittakudi, Cuddalore District.

2. The Chairman Tamil Nadu Industrial Development Corporation Ltd., (A Govt. of Tamil Nadu Enterprises), No.19-A, Rukkmani Lakshmipathy Road (Marshall's Road), Egmore, Chennai 600 008.

3. The District Collector Office of the District Collector, Perambalur District, Perambalur.

4. The Sub Registrar Office of the Sub Registrar, Valigandapuram, Thirumanthurai Village, Perambalur District

5. G.V.K. Industries Limited 156-159, Baicca House, Sardar Patel Road, Secundarabad 500 003, Andrapradesh State

6. G.V.K. Infra Tech Private Limited Rep by its Authorized Signatory Srinivasalu

Reddy, S/o.P.Janarathana Reddy, 156-159, Baicca House, Sardar Patel Road, Secundarabad 500 003, Andrapradesh State.

..Appellant(s) Vs

1. C. Kathirvel S/o.Chinnasamy, Door No. 574, E Type 1, Block No.29, Neyveli Tower, Kurinjipadi, Cuddalore District.

2. The Chairman TN Industrial Develop. Corpn. Ltd., (A Govt. of Tamil Nadu Enterprises), No.19-A Rukkmani Lakshmipathy Road (Marshalls Road), Egmore, Chennai 8

3. The District Collector Office of the District Collector, Perambalur District, Perambalur.

4. The Sub Registrar Office of the Sub Registrar, Valigandapuram, Thirumanthurai Village, Perambalur District

5. G.V.K. Industries Ltd., 156-159, Baicca House, Sardarpatel Road, Secundarabad 500 003, Andrapradesh State

6. G.V.K. Infra Tech Private Ltd.

Rep by its Authorized Signatory Srinivasalu

Reddy, 156-159, Baicca House, Sardarpatel Road, Secundarabad 500 003, Andrapradesh State

7. The Director Of Town And Country Planning, Perambalur District Impleaded Suo Motu as party respondent, vide order of Court dated 08/02/2023 made in WA.Nos.230,234,235,238,239 and 242 of 2023 AND Cmp.Nos.2447,2463,2478,2482,2483 AND 2492/2023 (TR., ACJ DBCJ) ..Respondent(s) WA No. 230 of 2023 To set aside the 1st Impugned Judgment dated 20.04.2022 passed in WP No.16121/2016 and 2nd Impugned Judgment dated 16.09.2022 passed in the Review Application (Writ) SR No.87974/2022 and W.M.P.No.22297/2022 WA No. 238 of 2023 a) Allow the present Writ Appeal b)To set aside of the 1st impugned Judgment dated 20.04.2022 passed in Writ Petition No.16122 of 2016 and 2nd impugned judgment dated 16.09.2022 passed in the Review Application(Writ) SR.No.87972 of 2022 and WMP.No.22305 of 2022. WA No. 234 of 2023 To set aside the 1st impugned judgment dated 20.04.2022 passed in Writ Petition No. 16125 of 2016 and 2nd impugned judgment dated 16.09.2022 passed in the Review Application (Writ) Sr.No. 87975 of 2022 and WMP.No. 22314 of 2022.

WA No. 242 of 2023 To set aside the 1st Impugned Judgment dated 20-04-2022 passed in W.P.No. 16124 of 2016 and 2nd Impugned Judgment dated 16-092022 passed in the Rev.Application (Writ) SR No. No. 87977 of 2022 and W.M.P.No. 22312of 2022.

WA No. 239 of 2023 To set aside the 1st Impugned Judgment passed in W.P.No. 16123 of 2016 dt.20.04.2022 and also the 2nd Impugned Judgment passed in the Rev.Appli (Writ) SR No. No. 87973 of 2022 and W.M.P.No. 22307 of 2022 dt.16.09.2022.

WA No. 235 of 2023 1)To allow the present Writ Appeal, 2) set aside of the 1st impugned Judgment dated 20.04.2022 passed in writ petition No.16120 of 2016 and 2nd impugned judgment dated 16.09.2022 passed in the Review Application (writ) SR No.87976 of 2022 and W.M.P. No.22289 of 2022 WA No. 230 of 2023 For Appellant(s):

Mr.P.V.Balasubramanian, Senior Counsel for Mr.Adarsh Ramanujan For Respondent(s):

Mr.S.N.Subramani for R1 Mr.Anandgopalan for Ms.T.S.Gopalan & Co. for R2 Dr.S.Suriya, Addl.G.P. for R3, R4 & R7 No appearance for R5 & R6 COMMON

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) Under assail is the common order passed by writ court dated 20.04.2022 in a batch of writ petition.

2. Learned Senior Counsel appearing on behalf of the appellant would mainly contend that the appellant developed Special Economic Zone under the provisions of Special Economic Zones Act, 2015, by obtaining necessary approval from Tamilnadu Industrial Development Corporation Limited (TIDCO). Lands were acquired from the private land owners and Memorandum of Understanding were signed between the parties. As per the agreement, in lieu of the acquisition of lands by the appellant Company from the private land owners, they agreed to purchase an alternate land and secure necessary lay out approval and allot the respective plots to the land losers. Though the agreement was signed between the parties in 2009, no progress has been made, neither in developing the project nor handing over alternate land in favour of the land losers.

3. Learned Senior counsel for the appellant would submit that the appellant Company purchased vast extent of lands measuring 258 acres at Perumathur and Pennakonam in Perambalur District and submitted an application to the Director of Town and Country Planning seeking necessary lay out approval. The grievance of the appellant is that the application submitted by them was not considered by the Director of Town and Country Planning, which caused delay in allotment of plots to the respondents/land losers. The writ Court, allowed the writ petition in favour of the respondents, vide, a common order dated 20.04.2022. The present appeals are pending for the past about 31⁄2 years. Even during the interregnum period, no progress regarding getting lay out approval from the Director of Town and Country

Planning.

4. This Court is of the considered view that the land losers cannot made to suffer for an indefinite period, despite the fact that they have consented for acquisition and handed over their valuable lands for developing Special Economic Zone by the appellant Company. Thus, any delay caused would result in prejudice to the land losers, who had parted with their valuable lands in favour of the appellants.

5. Learned counsel for the respondents would submit that the lands belonged to the respondents were handed over to the appellant and despite that, they are unable to get alternate land as per the terms agreed between the parties in the Memorandum of Understanding dated 23.10.2009. Almost 17 years lapsed. The delay is unreasonable. Therefore, the respondents are entitled for an appropriate relief.

6. The appellant has no quarrel in respect of the conditions agreed by them for handing over of alternate land to the respondents. They have purchased vast extent of land and submitted application seeking lay out approval from the Director of Town and Country Planning.

7. This being the factum agreed by the appellant, this Court is inclined to pass the following order.

(i) The 7th respondent, Director of Town and Country Planning, is directed to scrutinize the application filed by the appellant Company seeking layout approval and pass final order within a period of eight weeks from the date of receipt of a copy of this order on merits and in accordance with law, if

the conditions stipulated for grant of approval has been complied with. (ii) The appellant is at liberty to pursue the application with the Directorate of Town and Country Planning and ensure that all the formalities are completed within the time limit, enabling the Director of Town and Country Planning to take a final decision and pass appropriate orders. (iii) In the event of not granting lay out approval by the Director of Town and Country Planning within a period of eight weeks time as stipulated above, the appellant Company is directed to pay compensation equivalent to the extent of land as agreed by the appellant in the Memorandum of Understanding dated 23.10.2009, at the market value of the land, prevailing as of now, and settle the same in favour of the respondents within a period of eight weeks from the date of expiry period of eight weeks granted for taking decision regarding the application submitted by the appellant seeking lay out approval.

8. Accordingly, the Writ Appeals are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (K.S.,J.) 26-03-2026 Index: Yes/No Speaking/Non-speaking order vsi

1. The Chairman TN Industrial Development Corporation Limited, (A Govt. of Tamil Nadu Enterprises), No.19-A Rukkmani Lakshmipathy Road (Marshalls Road), Egmore, Chennai 8

2. The District Collector Office of the District Collector, Perambalur District, Perambalur. 3.The Sub Registrar Office of the Sub Registrar, Valigandapuram, Thirumanthurai Village, Perambalur District

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

vsi and CMP Nos. 2483, 2482, 2478, 2463, 2447 & 2492 of 2023 26-03-2026