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Madras High CourtWMP/38072/2018stay made absolute

A.Raja v. The State Of Tamil Nadu

2019-02-12Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Tuesday, the Twelfth day of February Two Thousand Nineteen PRESENT THE HON`BLE MR.JUSTICE D.KRISHNAKUMAR WMP No.38072 of 2018 in WP.No.32861 of 2018 1 A.RAJA [ PETITIONERS ] 2 M.POONGODI Vs 1 THE STATE OF TAMIL NADU [ RESPONDENTS ] REP BY SECRETARY TO GOVERNMENT PLANNING, DEVELOPMENT AND SPECIAL INITIATIVES (S.I)DEPARTMENT, FORT ST.GEROGE, SECRETARIAT, CHENNAI 600 009 2 THE REVENUE DIVISIONAL OFFICER ER AND LAND ACQUISITION OFFICER, SOUTH CHENNAI REVENUE DIVISION, GUINDY, CHENNAI 600 032 3 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, CHENNAI 4 THE CHENNAI METRO RAIL LIMITED REP BY ITS MANAGING DIRECTOR, ADMIN BUILDING CMRL DEPOT, POONAMALLEE HIGH ROAD, KOYAMBEDU, CHENNAI 600107 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of ad-interim stay of the operation of the impugned notice dated 1.11.2018 on file of the 2nd Respondent pending WP.No.32861 of 2018.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.RICHARDSON WILSON, Advocate for the petitioner and of MR.C.THIRUMARAN SPL.GOVT.PLEADER on behalf of the Respondents 1 to 3 and of MR.JAYESH B.DOLIA STANDING COUNSEL for the 4th respondent the court made the following order:-

It is represented by the learned counsel for the Parties that already Writ Petitions have been filed by some individuals challenging the acquisition of their lands under Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10 of 1999) and the said Writ Petitions are now pending before a Division Bench of this Court. It is further stated that in the said Writ Petitions, interim order of dispossession was also granted by the Division Bench. But admittedly in this writ petition, the Petitioner has challenged the Notification issued by the first respondent.

2. It is represented that both sides arguments had been advanced in full and orders were reserved in the Writ Petitions listed before the Division Bench.

3. It is pertinent to note that in this Writ Petition also, Interim stay of dispossession alone has been granted by this court at the time of admission.

4. Taking note of the above, interim stay of dispossession already granted by this court by order dated 18.12.2018 and extended thereafter, is made absolute.

5. Post the Writ Petition for final disposal during second week of March 2019. Liberty is granted to the respondents to file vacate stay petition, if necessary.

-sd/- 12/02/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SECRETARY TO GOVERNMENT THE GOVERNMENT OF TAMILNADU, PLANNING, DEVELOPMENT AND SPECIAL INITIATIVES (S.I)DEPARTMENT, FORT ST.GEROGE, SECRETARIAT, CHENNAI 600 009 2 THE REVENUE DIVISIONAL OFFICER AND LAND ACQUISITION OFFICER, SOUTH CHENNAI REVENUE DIVISION, GUINDY, CHENNAI 600 032

3 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, CHENNAI 4 THE MANAGING DIRECTOR THE CHENNAI METRO RAIL LIMITED, ADMIN BUILDING CMRL DEPOT, POONAMALLEE HIGH ROAD, KOYAMBEDU, CHENNAI 600107 C.C. to M/S.RICHARDSON WILSON Advocate on payment of necessary charges Order in WMP.38072/2018 in WP.32861/2018 Date :12/02/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VS 26.02.2019