S. Sivakumar v. Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.28439 of 2024 and W.M.P.(MD)Nos.24144 and 24145 of 2024 S.Sivakumar ... Petitioner -Vs1.Government of Tamil Nadu, Rep. by its Secretary, Industries, Investments Promotion & Commerce Department, Secretariat, Chennai.

2.The Commissioner of Land Administration, Chepauk, Chennai.

3.The Assistant Commissioner, O/o. Commissionerate of Land Administration, Chepauk, Chennai.

4.The District Collector, 5.The District Revenue Officer,

6.The Tahsildar, Thirupparankundram Taluk, 7.M/s.Hindustan Petroleum Corporation, Through its Manager, Kappalur, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relates to the notice in Form-C, under Section 3(1) of Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 in (L.A-VI-2/6121111/2023) in the Tamil Nadu Government Gazette Extraordinary No.80, dated 01.03.2024 relates to the acquisition of the lands in Nilayur Bit-I and II Village and quash the same as illegal. For Petitioner : Mr.R.Suriya Narayanan For R1 to 6 : Mr.Veera Kathiravan, Additional Advocate General, assisted by Mrs.D.Farjana Ghoushia, Special Government Pleader For R7 : Mr.R.J.Karthick

ORDER

[Order of the Court was made by S.SRIMATHY, J.] The petitioner has filed this Writ Petition challenging the notice in Form-C, under Section 3(1) of Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 in (L.A-VI-2/6121111/2023) issued in the Tamil Nadu

Government Gazette Extraordinary No.80, dated 01.03.2024 relates to the acquisition of the lands in Nilayur Bit-I and II Village. 2.The petitioner's grievance is that the authorities concerned failed to invoke Rule 6(b) of Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. If invoked, the petitioner is also entitled for opportunity of hearing. 3.In view of the order passed in W.A.(MD)No.1093 of 2024, the petitioner is also at liberty to approach the appellate authority, since the entire issue is pending before the appellate authority. 4.With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [J.N.B., J.] & [S.S.Y., J.] 20.03.2025 (2/2) NCC : Yes / No Index : Yes / No Yuva

To 1.The Secretary, Government of Tamil Nadu, Industries, Investments Promotion & Commerce Department, Secretariat, Chennai.

2.The Commissioner of Land Administration, Chepauk, Chennai.

3.The Assistant Commissioner, O/o. Commissionerate of Land Administration, Chepauk, Chennai.

4.The District Collector, 5.The District Revenue Officer, 6.The Tahsildar, Thirupparankundram Taluk,

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.28439 of 2024 20.03.2025 (2/2)