Rajendran A.M v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 01.12.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.27200 of 2022 and W.M.P(MD)No.21342 of 2022 1.A.M.Rajendran 2.R.Sarojini 3.M.R.Muthu Kubendran ..Petitioners Vs 1.The Government of Tamil Nadu, represented by its Principal Secretary, Industrial Department, Fort St.George, Secretariat, Chennai -600 009.
2.The District Collector, Theni District, Theni.
3.The District Revenue Officer, Theni District, Theni.
4.The Special Tahsildar, SIPCOT(Land Acquisition), Theni.
5.The Tahsildar, Theni, Theni District.
6.The State Industries Promotion Corporation of Tamil Nadu Limited(SIPCOT), represented by its Chairman,
No.19-A,Rukmani Lakshmipathy Road, Egmore, Chennai- 600 008.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of mandamus directing the respondents to convey the Government land in exchange of the land acquired from the Petitioners under S.Nos.12/5 and 64/2 to an extent of 1 acre and 45 cents in Thappukundu and Poomalaikundu Villages, Upparpatti Post, Theni Taluk and District in the light of the Revenue Standing Order Nos.90 and 26A and G.O.Ms.No.201, Revenue and Disaster Management Department, Land Disposal Wing, LD3(1) Section, dated 10.5.2022. For Petitioners :Mr.J.Padmavathi Devi For Respondents:Mr.A.Kannan, 1 to 5 Addl.Govt.Pleader For Respondent-6:Mr.M.Gangatharan Standing Counsel.
ORDER
The Petitioner has prayed for issuance of a Writ of mandamus directing the respondents to convey the Government land in exchange of the land acquired from the Petitioners under S.Nos.12/5 and 64/2 to an extent of 1 acre and 45 cents in Thappukundu and Poomalaikundu Villages, Upparpatti Post, Theni Taluk and District in the light of the Revenue Standing Order Nos.90 and 26A and G.O.Ms.No.201, Revenue and Disaster Management Department, Land Disposal Wing, LD3(1) Section, dated 10.5.2022.
2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 to 5 and Mr.M.Gangatharan, learned Standing Counsel takes notice for the sixth respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents 1 to 5 produced a communication of the District Revenue Officer-cum-The Land Acquisition Officer(SIPCOT), Theni, dated 25.08.2022, wherein, it has been stated that the Land Acquisition Officer has decided to the pay compensation to the acquired lands of the Petitioners.
Hence the Petitioners are requested to submit their written explanation regarding the consent for receipt of the said compensation within a period of fifteen days before the Land Acquisition Office(SIPCOT), situated in the Office of the District Collector, Theni.It is further stated that if they failed to do so, it is assumed that they have objection for receipt of the compensation and the the compensation amount will be deposited into the Court credit. 4.In view of the above, the Petitioner's prayer in the Writ Petition cannot be granted and hence, the Writ Petition is liable to be dismissed and accordingly, dismissed. It is for the Petitioners to approach the Land Acquisition Officer(SIPCOT),situated at District Collector's Office, Theni, for receipt of compensation, if so advised, in the manner known to law.
No costs. Consequently, connected Miscellaneous Petition is dismissed. 01.12.2022 Index : Yes/No Internet:Yes/No vsn To 1.The Principal Secretary, Government of Tamil Nadu, Industrial Department, Fort St.George, Secretariat, Chennai -600 009.
2.The District Collector, Theni District, Theni.
3.The District Revenue Officer, Theni District, Theni.
4.The Special Tahsildar, SIPCOT(Land Acquisition), Theni.
5.The Tahsildar, Theni, Theni District.
6.The Chairman, The State Industries Promotion Corporation of Tamil Nadu Limited(SIPCOT), No.19-A,Rukmani Lakshmipathy Road, Egmore, Chennai- 600 008.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.27200 of 2022 and W.M.P(MD)No.21342 of 2022 01.12.2022