Subash Selvakumar v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019
CORAM:
THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI Subash Selvakumar ... Petitioner vs.
1.The Secretary to Government, Ministry of Petroleum and Natural Gas, Government of India, New Delhi.
2.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St.George, Secretariat, Chennai -9.
3.The Authorized Officer, M/s.Indian Oil Corporation Limited, No.139, Indian Oil Bhavan, Nungambakkam High Road, Nungambakkam, Chennai - 600 034.
4.The District Collector, Thoothukudi District, Thoothukudi.
... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondents 3 and 4 from laying gas pipelines through the agricultural lands in Kulayankarisal Villgage, by considering the representation made through Kulayankarisal Village Farmers Society on 17.6.2019.
For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.K.Muralidharan 1 and 3 Standing Counsel For Respondents : Mr.S.Angappan 2 and 4 Government Advocate 1/3
O R D E R
(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.T.A.Ebenezer, learned counsel appearing for the Petitioner and Mr.K.Muralidharan, learned Standing Counsel who accepts notice on behalf of the respondents 1 and 3 and the learned Government Advocate who accepts notice on behalf of the respondents 2 and 4.
2.By consent of either side, this writ petition is taken up for disposal.
3.The Petitioner seeks for issuance of a Writ of Mandamus forbearing the respondents 3 and 4 from laying gas pipelines across the agricultural lands owned by him.
4.The issue as to whether the respondents have got right to lay gas pipelines is no longer res-integra and settled by the Division Bench of this Court. Therefore, the minimum that the land owner can expect is to put him on notice as to the proposed alignment of the gas pipeline in his agricultural land. 5.The learned counsel for the Petitioner submitted that no such notice has been issued, whereas, the learned Standing Counsel appearing for the third respondent submitted that notification will be issued and notice also will be issued to all the persons whose lands are being used for the laying of the gas pipeline. Further, it is submitted that it is not an acquisition of land but it is only a right to use the land for laying gas pipeline. 6.It is expected that notice will be issued by the third respondent to the Petitioner. The Petitioner can expect a notice served on him, if he is a land owner. In any event, the third respondent can only proceed with the matter, as per the procedures established by law.
7.With the above observations, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Secretary to Government, Ministry of Petroleum and Natural Gas, Government of India, New Delhi.
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2.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St.George, Secretariat, Chennai -9.
3.The Authorized Officer, M/s.Indian Oil Corporation Limited, No.139, Indian Oil Bhavan, Nungambakkam High Road, Nungambakkam, Chennai - 600 034.
4.The District Collector, Thoothukudi District, Thoothukudi.
+1 CC to M/s.K.MURALEEDHARAN, Advocate ( SR-87432[F] dated 18/09/2019 ) +1 CC to M/s.T.A.EBENEZER, Advocate ( SR-87708[F] dated 19/09/2019 ) ORDER MADE IN 18.09.2019 vsn JM/10.10.2019/3P/7C 3/3