G. Sarojini v. The State

2025:MHC:2909

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2025 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.A.Nos.3592 and 3594 of 2023 and C.M.P.Nos.29448 & 29453 of 2023

1. G. Sarojini

2. P.Sampath Kumar

3. K.Mallika Arjunan

4. S.Sankaralingam

5. S.Murthi

6. S.Kumar

7. K.Gowri Bai

8. R.Radha

9. S.Vijayalakshmi

10. M.Rukmani

11. E.Umadevi

12. R.Malarvzhi ... Appellants/Petitioners All the Petitioners are represented by their Power Agent A.Arumainayagam -vs1. The State, represented by The Secretary to Government, Genis Salai, Saidapet, 1/6

3. The Chennai Petroleum Corporation Ltd., Rep. by its Managing Director, ... Respondents W.A.No.3594 of 2023

1. S.Logambal

2. S.Ramamoorthi

3. S.Lakshmi

4. S.Krishnan

5. S.Parmasivam

6. G.Muniammal

7. A.Murugammal

8. Muniammal

9. R.Mallika

10. N.Shanthammal

11. B.Senjammal

12. D.Geeva

13. K.Gowri

14. K.Sathyan

15. K.Saravanan

16. K.Sathiskumar

17. K.Shanthakumar

18. S.Janaki

19. M.Masilamani

20. M.Haridoss ... Appellants/Petitioners All the Petitioners are represented by their Power Agent I.Shanmugadurai -vs1. The State, represented by The Secretary to Government, 2/6

No.4, Genis Salai, Saidapet,

3. The Chennai Petroleum Corporation Ltd., Rep. by its Managing Director, ... Respondents Common Prayer: Writ Appeals filed under Clause 15 of the Letters Patent to set aside the orders passed by this Court dated 17.11.2023 in W.P.Nos.9697 and 9698 of 2015.

For Appellants : Mr.R.Syed Mustafa For R1, R2 & R4 : Mr.A.Selvendran Spl. Govt. Pleader For R3 : No Appearance ***** C O M M O N J U D G M E N T (By.S.M.SUBRAMANIAM,J.,) Writ Orders dated 17.11.2023 passed in W.P.Nos.9697 and 9698 of 2015 are sought to be assailed in the present intra Court appeals. The Writ Petitioners are the appellants before this Court. 3/6

2. Writ Petition in W.P.No.9697 of 2015 has been instituted to direct the respondents herein to re-convey the lands in the property situated in Survey Numbers S.Nos.174/1B measuring an extent of 2400 sq.ft., S.No.174/1B measuring an extent of 2400 sq.ft., S.No.174/1B measuring an extent of 2400 sq.ft., S.No.174/1B measuring an extent of 2400 sq.ft., S.No.174/1B measuring an extent of 2400 sq.ft., S.No.142 measuring an extent of 1977 sq.ft., S.No.142 measuring an extent of 1912 sq.ft., S.No.142 measuring an extent of 1937 sq.ft., S.No.142 measuring an extent of 1904 sq.ft., S.No.174/1B3C measuring an extent of 2415 sq.ft. and S.No.174/1B3B measuring an extent of 20 cents in Mathur Village, Ambattur Taluk, Tiruvallur District, tottally measuring an exent of 22145 sq.ft. and 20 cents.

3. The prayer sought in W.P.No.9698 of 2015 is to quash quash the order passed by the 1st respondent herein in his Letter No.5407/MID.1/2013-11 dated 07.03.2015 and to direct the 1st Respondent to re-convey the lands in S.No.171/1p measuring an extent of 0.20 acre, 170/1A2B measuring an extent of 0.27acres, S.No.171/1part measuring an extent of 0.10 acres, S.No.172/1C1B measuring an extent of 0.37 acre, S.No.146/5 measuring an extent of 0.22 acre, S.No.171/2 measuring an extent of 0.20 acre, S.No.146/3 measuring an extent of 0.27 4/6

acre, S.No.148 measuring an exent of 1.41 acre, S.No.147/2 measuring an extent of 0.37 acre and S.No.147/3 measuring an extent of 0.16 acre in Mathur Village, Ambattur Taluk, Thiruvallur District, which were acquired for location of Aromatic Complex and for other downstream projects.

4. The lands were acquired by the Government for public purposes for location of Aromatic Complex and other downstream projects. The acquired lands have been allotted for rehabilitation, CPCL and also for Tamil Nadu Electricity Board (TNEB). The acquisition was completed in the year 1989 and writ petitions came to be filed in the year 2015, seeking reconveyance of the land under Section 48B of the Land Acquisition Act, 1894. The said Act was repealed and a new Land Acquisition Act of the year 2013 came into force. The available remedy under the new Land Acquisition Act is under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, seeking lapse. The reconveyance of the land by the Government cannot be done, since the Act is not in force and such power cannot be exercised. That apart, reconveyance cannot be claimed as right as of now. That being the legal position, there is no infirmity in the orders dated 17.11.2023 passed in W.P.Nos.9697 and 9698 of 2015.

5/6

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

ar Accordingly, Writ Appeals stand dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. (S.M.S,J.,) (C.K,J.,) 12.12.2025 Index: Yes Internet: Yes ar To:

1. The Secretary to Government, No.4, Genis Salai, Saidapet,

3. The Managing Director, Chennai Petroleum Corporation Ltd., W.A.Nos.3592 and 3594 of 2023 6/6