Madras High CourtWP/31512/2018dismissed

A.Shanmugam (Deceased) v. The State Of Tamil Nadu

2025-10-07Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.36730 of 2018

1. A.Shanmugam (Deceased)

2. K.A.Subramanian

3. A.Sathyanathan

4. S.Manoranjitham

5. S.Selvakumari

6. S.Ganeshkumar

7. S.Premalatha (P4 to P7 are substituted as legal heirs of deceased P1 as per order dated 26.06.2024 in W.M.P.No.17398 of 2024 in W.P.No.31512 of 2018) ... Petitioners -Vs1. The State of Tamil Nadu represented by its Secretary, Micro, Small and Medium Enterprises Department, Fort St.George, Chennai - 600 009.

2. The Tamil Nadu Small Industries Development Corporation Ltd., Represented by its General Manager (Administration), SIDCO Corporate office, Thiru-vi-ka Industrial Estate, Guindy, Chennai 600032.

3. Shanthi

4. N.Banumathi

5. N.Premalatha

6. Boopathi (R3 to R6 impleaded as per order dated 07.10.2025 in W.M.P.No.41139 of 2025 in W.P.No.31512 of 2018) ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the second respondent dated 13.07.2018 in Na.Ka.No.2710/1E-5/2018-2 and the order of the first respondent dated 17.10.2018 in Letter No.2573/C/2018-6 and quash the same and consequently direct the respondents to re-convey the lands of the petitioners measuring 96 cents in T.S.No.1 Ward 'C', Block No.32, at Reddiyur village, Salem District. For Petitioners : Mr.K.Selvaraj For R1 : Mr.M.R.Gokul Krishnan Additional Government Pleader For R2 : Mr.G.Vasudevan Standing Counsel

ORDER

This writ petition has been filed challenging the order passed by the second respondent dated 13.07.2018 and also the order passed by the first respondent dated 17.10.2018, thereby rejecting the request made by the petitioner for re-conveyance of the property ad-measuring 96 cents comprised in T.S.No.1, Ward 'C', Block No.32, at Reddiyur village, Salem District.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioners' predecessors owned the lands comprised in S.No.98/8A, ad-measuring 1.23 acres, in Survey No.99/13, ad-measuring 0.48 acres, in Survey No.99/12, ad-measuring 1.04 acres at Reddiyur Village, Salem District. While being so, the first respondent had acquired the said lands for the purpose of establishment of SIDCO Industrial Estate. After acquisition of the subject lands along with other lands the layout was approved. Accordingly, the second respondent had allotted the lands earmarked for the park to the private parties. However, in respect of the lands comprised in S.Nos.98/4, 98/7 and 98/8 to an extent of 2.09 acres were not used and it is lying vacant. Therefore, the petitioner submitted a representation for re-conveyance of the subject land. It was rejected, on the ground that the subject lands were already allotted in favour of J.P. Industries.

4. The learned counsel for the petitioner would submit that though it was allotted in favour of J.P. Industries, they are not interested to purchase the same and no sale deed was executed in their favour. So far, it is lying vacant and as

such, they are entitled for re-conveyance of the subject land as per the provisions of Section 48B of the Land Acquisition Act.

5. A perusal of the counter filed by the second respondent and also on perusal of documents produced before this Court revealed that by the sale deed dated 16.11.2023, the subject land was sold out in favour of JP Industries and got registered vide Document No.8624 of 2023. Thereafter, the said J.P.Industries also started their production activity in the subject land.

6. In view of the above, this Court finds no infirmity or illegality in the orders passed by the second respondent dated 13.07.2018 and the first respondent dated 17.10.2018 and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. No costs. 07.10.2025 (3/3) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

1. The Secretary, The State of Tamil Nadu Micro, Small and Medium Enterprises Department, Fort St.George, Chennai - 600 009.

2. The General Manager (Administration), The Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Corporate office, Thiru-vi-ka Industrial Estate, Guindy, Chennai 600032.

G.K.ILANTHIRAIYAN. J, mn 07.10.2025