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Madras High CourtWP(MD)/18788/2017dismissed as infructuous

Ar.Manickavalli v. The State Of Tamil Nadu,

2019-04-11Honourable Mr Justice Abdul Quddhose7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD).Nos.18788, 17700, 17703 to 17707 & 18523 of 2017 and W.M.P.(MD).Nos.15162, 15163, 14243, 14244, 14251 to 14260, 14932 & 14933 of 2017

1) AR.MANICKAVALLI

2) M.ARUNACHALAM CHETTIAR ..PETITIONERS IN WP(MD)NO.18788 OF 2017 M.PERIASAMY ... PETITIONER IN WP(MD).NO.17700 OF 2017 1 S.SRINIVASAN 2 ALAGHURAJA 3 ANNAMMAL 4 KUMARAN 5 VENNILA 6 GANAPATHY 7 PETER 8 VFM SWEETY 9 K.R.SELVAM 10 C.BAGAVATHI 11 V.SHANTHI 12 POONGOTHAI 13 N.ANNAMALAI 14 C.ARUN 15 C.MALA 16 K.KARUPPAYEE @ KALA 17 A.SOLAI ALAGU 18 S.BAGAVATHI 19 A.SOLAIMALAI ...PETITIONERS IN WP(MD).NO.17703 of 2017 1 M.KAVITHA 2 SENTHAMARAI 3 SETHUMMAL 4 THAVAMANI 5 VENKATESWARAN 6 VIJAYALAKSHMI 7 A.FATHIMA MARY 8 A.SOLAIMALAI ... PETITIONERS IN WP(MD).NO.17704 of 2017

1 A.PONNAZHAGU 2 J.CHITRA 3 K.KALARANI 4 C.KATHIRESAN 5 C.KALYANI 6 MARIMUTHUREVATHI 7 MEYAMMAI 8 RATHIKA 9 G.SARANYA 10 SULOCHENA 11 P.RAJENDRAN 12 A.SOLAIMALAI 13 S.PANDISELVI ... PETITIONERS IN WP(MD).NO.17705 of 2017 1 SHEIEK DAWOOD 2 SOUNDERAJAN 3 RAMAKRISHNAN 4 C.ANNAMALAI ... PETITIONERS IN WP(MD).NO.17706 of 2017 1 S.INDIRA 2 K.RAVI 3 N.JOTHIMALAR 4 M.SUBRAMANIAN 5 M.ULAGAPPAN 6 K.RAJESH ... PETITIONERS IN WP(MD).NO.17707 of 2017 M.ARUNACHALAM CHETTIAR ..PETITIONER IN WP(MD)No.18523 OF 2017 Vs.

1) THE STATE OF TAMIL NADU, REP., BY ITS SECRETARY, INDUSTRIES DEPARTMENT, FORT ST.GEORGE, CHENNAI.

2) THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVAGANGAI.

3) THE DISTRICT REVENUE OFFICER, SIVAGANGAI, COLLECTOR OFFICE, SIVAGANGAI.

...

RESPONDENTS IN WP(MD)NO. 18788 OF 2017 1 THE STATE OF TAMILNADU REP. BY ITS SECRETARY, INDUSTRIES DEPARTMENT, FORT ST. GEORGE, CHENNAI - 600 009

2 THE DISTRICT COLLECTOR, SIVAGANGA DISTRICT, SIVAGANGAI.

3 THE DISTRICT REVENUE OFFICER SIVAGANGAI COLLECTOR OFFICE, SIVAGANGAI.

... RESPONDENTS in WP(MD).No.17700 of 2017 1 THE STATE OF TAMILNADU REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI - 600 009 2 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, INDUSTRIES (SIPCOT - LA) DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI - 600 009 3 THE ADDITIONAL CHIEF SECRETARY AND COMMISSIONER OF LAND ADMINISTRATION, CHEPAUK, CHENNAI.

4 THE SECRETARY TO GOVERNMENT LAW DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI.

5 THE MANAGING DIRECTOR SIPCOT, 19-A, RUKMANI LAKSHMIPATHI ROAD, EGMORE, CHENNAI - 8 6 THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT. 7 THE DISTRICT REVENUE OFFICER SIVAGANGAI DISTRICT. ... RESPONDENTS IN WP(MD).Nos.17703 TO 17707 OF 2017 1 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY, INDUSTRIES DEPARTMENT, FORT ST.GEORGE, CHENNAI - 600 009.

2 THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT, SIVAGANGAI.

3 THE DISTRICT REVENUE OFFICER SIVAGANGAI COLLECTOR OFFICE, SIVAGANGAI.

... RESPONDENTS IN WP(MD). 18523/ 2017 PRAYER IN WP(MD)No.18788 OF 2017: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari calling for the records relating to original impugned notification in Roc.No.C1/8618/2017 dated 12.05.2017 issued by the 3rd respondent

under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997 published in The New Indian Express Daily News paper dated 18.05.2017 in respect of the lands of the petitioners comprised in 361/2, 361/3, 361/4 and 361/5 respectively situated at Thiruvelankudi Village, Karaikudi Taluk, Sivagangai District and quash the same as illegal.

Prayer in WP(MD). 17700/ 2017 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a writ of Certiorari or any other appropriate writ, order or direction particularly in the nature of writ of Certiorari to call for the records relating to the original impugned notification Roc.No.C1/15068/2017 dated 05.06.2017 of the 3rd respondent herein and quash the same as illegal. Prayer in WP(MD). 17703/ 2017 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ, order or direction, more particularly in the nature of a writ of Certiorarified Mandamus calling for the records of the 2nd respondent in G.O.Ms.281 Industries (SIPCOT LA) Department dated 30.12.2015 and the consequential proceedings in Roc.No.

C1/1095/2017 dated 28.07.2017 issued by the 7th respondent under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997 published in the New Indian Express Daily Newspaper dated 08.08.2017 in respect of the lands of the petitioners comprised in Survey No.345, 346 and 348 respectively situated at Thiruvelankudi Village, Karaikudi Taluk, Sivagangai District and quash the same and consequently forbear the respondents from interfering with the peaceful possession and enjoyment of the respective property of the petitioners.

Prayer in WP(MD). 17704/ 2017 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ, order or direction, more particularly in the nature of a writ of Certiorarified Mandamus calling for the records of the 2nd respondent in G.O.Ms.281 Industries (SIPCOT LA) Department dated 30.12.2015 and the consequential proceedings in Roc.No.C1/4680/2017 dated 24.06.2017 issued by the 7th respondent under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997 published in the New Indian Express Daily Newspaper dated 02.07.

2017 in respect of the lands of the petitioners comprised in 337 and 338respectively situated at Thiruvelankudi Village, Karaikudi Taluk, Sivagangai District and quash the same and consequently forbear the respondents from interfering with the peaceful possession and enjoyment of the respective property of the petitioners. Prayer in WP(MD). 17705/ 2017 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ, order or direction, more particularly in the nature of a writ of Certiorarified Mandamus calling for the records of the 2nd respondent in G.O.Ms.281 Industries (SIPCOT LA) Department dated 30.12.2015 and the consequential proceedings in Roc.No.

dated 07.06.2017 issued by the 7th respondent under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997 published in the New Indian Express Daily Newspaper dated 15.06.2017 in respect of the lands of the petitioners comprised in 341 and 342 respectively situated at Thiruvelankudi Village, Karaikudi Taluk, Sivagangai District and quash the same and consequently forbear the respondents from interfering with the peaceful possession and enjoyment of the respective property of the petitioners. Prayer in WP(MD). 17706/ 2017 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ, order or direction, more particularly in the nature of a writ of Certiorarified Mandamus calling for the records of the 2nd respondent in G.O.Ms.

281 Industries (SIPCOT LA) Department dated 30.12.2015 and the consequential proceedings in Roc.No.C1/186/2017 dated 08.07.2017 issued by the 7th respondent under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997 published in the New Indian Express Daily Newspaper dated 15.07.2017 in respect of the lands of the petitioners comprised in 337 and 338 respectively situated at Thiruvelankudi Village, Karaikudi Taluk, Sivagangai District and quash the same and consequently forbear the respondents from interfering with the peaceful possession and enjoyment of the respective property of the petitioners. Prayer in WP(MD).

17707/ 2017 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ, order or direction, more particularly in the nature of a writ of Certiorarified Mandamus calling for the records of the 2nd respondent in G.O.Ms.281 Industries (SIPCOT LA) Department dated 30.12.2015 and the consequential proceedings in Roc.No.C1/9419/2017 dated 31.05.2017 issued by the 7th respondent under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997 published in the New Indian Express Daily Newspaper dated 14.6.

2017 in respect of the lands of the petitioners comprised in 350 and 351 respectively situated at Thiruvelankudi Village, Karaikudi Taluk, Sivagangai District and quash the same and consequently forbear the respondents from interfering with the peaceful possession and enjoyment of the respective property of the petitioners. Prayer in WP(MD). 18523/ 2017 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records relating to original impugned notification in Roc. No. C1/9169/2017 dated 12.05.2017 issued by the 3rd Respondent under Section 3(2) of the Tamil Nadu Acquisition of land for Industrial purpose Act 1997 published in The New Indian Express Daily News paper dated 18.05.

2017 in respect of the lands of the petitioners comprised in 394/4, 395/1, 395/2, and 395/3 respectively situated at Thiruvelankudi Village, Karaikudi Taluk, Sivagangai District and quash the same as illegal.

For Petitioners in WP(MD)No.18788 OF 2017 : Mr.G.Manikandan For Petitioners in WP(MD)No.17700 of 2017: Mr.G.Manikandan for M/S.AL.Ganthimathi For Petitioners in WP(MD)Nos.17703 to 17707 of 2017: Mr.P.Wilson, Senior Counsel For M/S.S.Vinayak, For Petitioner in WP(MD)No.18523 of 2017:Mr.G.Manikandan For Respondents in all the Cases : Mr.M.Rajarajan, Government Advocate C O M M O N O R D E R Since the issue involved in the above mentioned batch of writ petitions are one and the same, all the writ petitions are disposed of by this common order.

2. It is represented by the learned Government Advocate appearing for the respondents that the State Industries Promotion Corporation of Tamil Nadu Limited has decided to drop the scheme of setting up of Industrial Park at Karaikudi Taluk.

3. As proof of the same, the learned Government Advocate has placed before this Court a letter dated 01.02.2018 sent by the State Industries Promotion Corporation of Tamil Nadu (SIPCOT), Limited to the District Collector, Sivagangai District.

4. The instant writ petitions have been filed for a Certiorari to consider the objections raised by the petitioners for the acquisition of the lands in which earlier there was a proposal by SIPCOT to acquire the same lands which is now being dropped as per the communication dated 01.02.2018 referred to supra.

5. Therefore, it is evidently clear that the writ petitions have now become infructuous. Accordingly, the Writ Petitions are

dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) sts To 1.THE SECRETARY TO GOVERNMENT OF TAMIL NADU, INDUSTRIES DEPARTMENT, FORT ST. GEORGE, CHENNAI 600 009. 2.THE SECRETARY TO GOVERNMENT OF TAMIL NADU, REVENUE DEPARTMENT, FORT ST. GEORGE, CHENNAI 600 009. 3.THE SECRETARY TO GOVERNMENT OF TAMIL NADU, LAW DEPARTMENT, FORT ST. GEORGE, CHENNAI 600 009.

4. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF TAMILNADU, INDUSTRIES (SIPCOT - LA) DEPARTMENT, FORT ST.GEORGE, CHENNAI 600 009.

5. THE ADDITIONAL CHIEF SECRETARY AND COMMISSIONER OF LAND ADMINISTRATION, CHEPAUK, CHENNAI 600 005.

6) THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT, SIVAGANGAI.

7) THE DISTRICT REVENUE OFFICER, SIVAGANGAI COLLECTOR OFFICE, SIVAGANGAI.

1CC TO THE SPECIAL GOVT PLEADER, SR 60975 1CC TO M/S. AL.GANTHIMATHI, ADVOCATE 60808 2CC'S TO MR. G. MANIKANDAN, ADVOCATE SR 60809 AND 60810 Common Order made in W.P.(MD).Nos.18788, 17700, 17703 to 17707 & 18523 of 2017 11.04.2019 KK/SAR/04.06.2019/7P-12C