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Madras High CourtWP/968/2025dismissed

V.Kamatchi v. The State Rep. By Its Secretary To Government

2025-01-20Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.968 of 2025 and W.M.P.Nos.1185 and 1186 of 2025 and W.P.No.976 of 2025 and W.M.P.Nos.1201 and 1202 of 2025 Mrs.V.Kamatchi ... Petitioner in W.P.No.968 of 2025 K.Arumugam ... Petitioner in W.P.No.976 of 2025 Vs.

1. The State rep.by its Secretary to Government, Industries Investment, Promotion and Commerce (MIE-II) Department, Fort St.George, Secretariat, Chennai - 600 009.

2. The District Collector, Kancheepuram.

3. The Special District Revenue Officer (LA), New Green Field Airport Project - Region I, Kancheepuram District.

4. The Tamil Nadu Industrial Development Corporation, 19-A, Rukmani Lakshmipathi Road, Egmore, Chennai, Tamil Nadu - 600 008.

...Respondents in both cases.

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Common Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari, to call for the records relating to the proceedings of the 3rd respondent in Notification Na.Ka.No.03/2024/A1/Tha.Ma.Va.Aa/Kancheepuram, dated 08.03.2024 and quash the same.

For Petitioners : M/s.A.L.Gandhimathi, (in both cases) Senior Counsel for Mr.L.Palani Muthu For R1 to R3 : Mr.A.Selvendran, (in both cases) Special Government Pleader C O M M O N O R D E R The above Writ Petitions have been filed to call for the records relating to the proceedings of the 3rd respondent in Notification Na.Ka.No.03/2024/A1/Tha.Ma.Va.Aa/Kancheepuram, dated 08.03.2024 and quash the same.

2. The above Writ Petitions are filed on the following basis:- i. The petitioners herein are the owners of the lands situated in S.No.305/2 (82 cents) and S.No.308/8 (245 sq.mtrs) in Siruvallur Village, Kancheepuram District.

ii.The first respondent herein had proposed to set up a Green Field International Airport with an intention to augment 2/6

airport infrastructure and facilities. For the said purpose, the second respondent proposed to acquire vast extent of lands in Paranthur and necessary notifications were issued under Sec.3(2) of the Tamil Nadu Industrial Purposes Act, 1997. iii.Be that as it may, on 08.03.2024, the third respondent came out with another notification, impugned herein, for the said project and was proposed to acquire the lands of the petitioners and other similarly placed in Siruvallur Village. iv.According to the petitioners, the lands in Siruvallur Village are punjai lands and most of the residents of the said village have already put up constructions and residing there. v. The grievance of the petitioner is that the distance between the Paranthur Village and Siruvallur Village is about 4 to 5 kilometers and in between the said villages, there are other lands which may be utilised for the intended purpose of setting up the Green Field International Airport.

vi.The petitioners were also called for enquiry by the third respondent and they submitted their objections in acquiring their lands and had also submitted that there are other poromboke lands available which may be utilised for the said 3/6

project.

vii.However, the objections of the petitioners were not considered by the third respondent.

Hence, this petition is filed to quash the proceedings of the third respondent dated 08.03.2024.

3. It is seen from the allegations stated in the affidavit as well as the documents filed in support of this petition, the petitioners' objection have already been rejected by the third respondent on 12.07.2024. This rejection order has not been challenged by the petitioners. It is also stated that the 3(1) notification has not been issued. Therefore, the writ petitions are dismissed giving liberty to the petitioners to challenge the order of rejection. No costs. Consequently, connected W.M.Ps are closed. 20.01.2025 nvi Index : Yes/No Speaking Order: Yes/No 4/6

To

1. The State rep.by its Secretary to Government, Industries Investment, Promotion and Commerce (MIE-II) Department, Fort St.George, Secretariat, Chennai - 600 009.

2. The District Collector, Kancheepuram.

3. The Special District Revenue Officer (LA), New Green Field Airport Project - Region I, Kancheepuram District.

4. The Tamil Nadu Industrial Development Corporation, 19-A, Rukmani Lakshmipathi Road, Egmore, Chennai, Tamil Nadu - 600 008.

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P.T. ASHA . J., nvi W.P.No.968 of 2025 and W.M.P.Nos.1185 and 1186 of 2025 and W.P.No.976 of 2025 and W.M.P.Nos.1201 and 1202 of 2025 20.01.2025 6/6