V.C.A.Mahendran v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.15247 of 2015 and M.P(MDNos.1 and 2 of 2015 and W.M.P(MD) No.1882 of 2019 V.C.A.Mahendran ..... Petitioner - Vs1. The Government of Tamil Nadu, Represented by its Secretary, Revenue Department (LA-1(1)) Fort St. George, Chennai - 600 009.

2. The District Collector, Virudhunagar,

3. The Special District Revenue Officer, Land Acquisition (SIPCOT), Venkatachalapuram, Sattur, ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Notification issued by the third respondent in Ref.No.D1/21962/10/Alagu-9/Block-3/2015, dated 08.07.2015 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and without jurisdiction and consequently directing the respondents to drop all further proceedings pertaining to the acquisition of the land owned by the petitioner in Survey No.178/6A of E.Muthulingapuram Village, Sattur Taluk, Virudhunagar District.

For Petitioner : Mr.R.Aravindan For Respondents : Mr.V.Om Prakash Government Advocate (for -R-1 to R-3)

ORDER

The present Writ Petition has been filed seeking for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Notification issued by the third respondent in Ref.No.D1/21962/10/ Alagu-9/Block-3/2015, dated 08.07.2015 and quash the same on the ground that the same is arbitrary, illegal and without any legal basis and without jurisdiction and consequently directing the respondents to drop all further 2/6

proceedings pertaining to the acquisition of the land owned by the petitioner in Survey No.178/6A of E.Muthulingapuram Village, Sattur Taluk,

2. The learned Government Advocate appearing for the respondents had produced an additional counter affidavit filed by the third respondent wherein page No.6 in last paragraph it has been averred as follows: "It is humbly submitted that in the light of above submissions, as the lands belonging to the writ petitioner which was originally proposed for consideration of Acquisition under the said Act, which was subsequently withdrawn from acquisition as submitted supra .......".

3. Annexing to the said affidavit, he has also produced the Form-D issued by the third respondent, dated 14.12.2020. In the said Form -D the lands of the petitioner in S.No.178/6A bearing Patta No.499 have also been included.

3/6

4. In view of the said Form-D and also the averment made in an additional counter affidavit extracted supra, it is clear that the land acquisition proceedings in respect of the petitioner's land have been dropped. Hence, no further adjudication is made in this Writ Petition. Therefore, this Writ Petition is closed. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. 23.01.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi 4/6

To

1. The Secretary, Revenue Department (LA-1(1)) Fort St. George, Chennai - 600 009.

2. The District Collector, Virudhunagar,

3. The Special District Revenue Officer, Land Acquisition (SIPCOT), Venkatachalapuram, Sattur, Virudhunagar District.

5/6

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.15247 of 2015 23.01.2023 6/6