Pash Space International Pvt v. The Agricultural Production
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.29575 of 2017 Pash Space International Pvt. Ltd.
Rep. by its Managing DirectorA.Alam Pasha, S/o Ameer Pasha, No.34/2, Dassegaounapalli Village, Krishnagiri Main Road, Veppanahapalli, Krishnagiri District
...Petitioner
-Vs1.The Agricultural Production Commissioner and Secretary to Government Agriculture (WD1) Department, Fort St.George, Chennai-600 009 2.The Commissioner for Land Administration and Additional Chief Secretary to Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai-600 005 3.The District Collector, Krishnagiri District, Krishnagiri-1 4.The Tahsildar, Hosur Taluk, Hosur, Krishnagiri District 5.The Superintendent of Police, Krishnagiri District, Krishnagiri and District 6.The Inspector of Police, Berigai Police Station, Berigai, Krishnagiri District 7.T.Ramachandran ... Respondents S/o.Thambaiah, Varakanapalli, Hosur, Krishnagiri District. (seventh respondent impleaded as per order of this Court in W.M.P.No.3236 of 2018 in W.P.No.29575 of 2017 on 09.03.2018. Prayer:
Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 5 and 6 herein to give proper protection to the petitioner to implement Government Waste Lands Development Scheme in the lands comprised in S.Nos.78 and 86 B.S.Thimmasamudiram Village, Berigai, Hosur Taluk, for a total extent of 10.60.0 Hectares as per the direction given by the
third respondent 26.08.2008 to the 5th respondent in Do.Lr.No.11/80/05 dated 10.09.2007 to enable the petitioner to comply with conditions stipulated in Deed of Conditional Grant dated 19.09.2005 entered by the petitioner with 3rd respondent. For Petitioner : Mr.Durai Gunasekaran For R1 to R6 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R7 : No Appearance
ORDER
This writ petition has been filed to direct the respondents 5 and 6 herein to give proper protection to the petitioner to implement Government Waste Lands Development Scheme.
2. It is seen that the petitioner has made a representation to the fifth the sixth respondents to give proper protection to the petitioner to implement Government Waste Lands Development Scheme as per the direction given by the third respondent to the fifth respondent in order to enable the petitioner to comply with conditions stipulated in Deed of Conditional Grant dated 19.09.2005 entered by the petitioner with the third respondent, which is still pending.
3. Considering the facts and circumstances of the case, the fifth and sixth respondents are directed to pass orders on the representation of the petitioner in view of the order passed by the District Collector, Krishnagiri in D.O.Lr.No.C1 / 80 /05 dated 10.09.2007 and another order dated 26.08.2008 in D.O.Lr.No.C1/80/2005 dated 26.08.2008 within a period of two weeks from the date of receipt of this order on merits and in accordance with law after giving opportunity to the counter parties. The petitioner is also directed to furnish those letters to the fifth and sixth respondents along with the necessary documents.
4. With the above direction, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar lok
To 1.The Agricultural Production Commissioner and Secretary to Government Agriculture (WD1) Department, Fort St.George, Chennai-600 009 2.The Commissioner for Land Administration and Additional Chief Secretary to Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai-600 005 3.The District Collector, Krishnagiri District, Krishnagiri-1 4.The Tahsildar, Hosur Taluk, Hosur, Krishnagiri District 5.The Superintendent of Police, Krishnagiri District, Krishnagiri and District 6.The Inspector of Police, Berigai Police Station, Berigai, Krishnagiri District 7.The Additional Public Prosecutor, High Court of Madras.
+1 cc to M/s.Durai Gunasekaran, Advocate, Sr.No. 25207 W.P.No.29575 of 2017 PM (CO) CSL/29.04.2019