Madras High Court
D.Mutheeswaran vs Union Of India on 10 October, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.(MD).Nos.21369 of 2015, 2883 and 11798 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.10.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P.(MD).Nos.21369 of 2015, 2883 and 11798 of 2016
and
M.P.(MD).Nos.1, 2 of 2015 and W.M.P.(MD).Nos.2553, 2554 of 2016,
9054 of 2016, 8355, 8712 of 2017 and 23268 of 2022
W.P.(MD).No.21369 of 2015
D.Mutheeswaran .. Petitioner
Vs.
1.Union of India,
Department of Law and Justice,
Represented by its Secretary,
26, Manslingh Road,
Jaisalmer House,
New Delhi - 110 011.
2.The State of Tamil Nadu,
Department of Law and Justice,
Represented by its Secretary,
Fort St.George,
Chennai - 9.
3.The Secretary to the Government of Tamil Nadu,
Industries Department,
Fort St.George,
Chennai - 9.
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W.P.(MD).Nos.21369 of 2015, 2883 and 11798 of 2016
4.The SIPCOT Limited,
Represented by it's the Director,
O/o. The Director,
Chennai.
5.The District Collector,
Madurai District,
Madurai.
6.The Special Tahsildar,
Land Acquisition,
SIPCOT .LA,
Thirumangalam,
Madurai District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
to issue a writ of Declaration, declaring that (Tamil Nadu the Act of 10 of
1999) the Tamil Nadu Acquisition of Land for industrial Purpose Act 1997
and its Amending Acts 2000 and 2005 also the rules made there under as
illegal and unconditional under Article 254 of the constitutional of India as
it is inconsistent and repugnant to the central Act namingly Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 and consequently declare the acquisition
proceedings initiated by G.O.Ms.No.58 dated 12.06.2009 and consequential
proceedings in Na.Ka.No.44329/10.B4 dated 01.07.2010 on the file of
respondent no.4 and Na.Ka.No.93559/69/B4 dated 11.01.2010 and
Na.Ka.No.27286/10/B4 dated 26.08.2012 and Na.Ka.No.44327/10B.4 dated
30.08.2012 and Na.Ka.No.93557/09.B4 dated 30.08.2012 on the file of the
respondent No.4 insofar as the petitioner's land in Survey Nos.175/6A,
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W.P.(MD).Nos.21369 of 2015, 2883 and 11798 of 2016
175/12A in Karisakalam patti Village, S.Nos.246/3A, 246/4A in Sivarakottai
Village and Survey Nos.33/1D, 42/1B in Swamimallampatti Village in
Thirumangalam Taluk, Madurai District initiated by the respondents 3 to 6
invoking (Tamil Nadu the Act of 10 of 1999) the Tamil Nadu Acquisition of
Land for industrial Purpose Act 1997 as null and void.
For Petitioner : Mr.S.Rajasekar
for M/s.T.Lajapathi Roy & Associates
For R-1 : Mr.D.Saravanan
For R-2, R-3, : Mr.N.Satheesh Kumar
R-5 & R-6 Additional Government Pleader
For R-4 : Mr.M.Gangatharan
Standing Counsel
W.P.(MD).No.2883 of 2016
1.S.Kamala Vasuki
2.R.Ramuthai .. Petitioners
Vs.
1.Union of India,
Department of Law and Justice,
Represented by its Secretary,
26, Manslingh Road,
Jaisalmer House,
New Delhi - 110 011.
2.The State of Tamil Nadu,
Department of Law and Justice,
Represented by its Secretary,
Fort St.George, Chennai - 9.
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W.P.(MD).Nos.21369 of 2015, 2883 and 11798 of 2016
3.The Secretary to the Government of Tamil Nadu,
Industries Department,
Fort St.George,
Chennai - 9.
4.The SIPCOT Limited,
Represented by it's the Director,
O/o. The Director,
Chennai.
5.The District Collector,
Madurai District,
Madurai.
6.The Special Tahsildar,
Land Acquisition,
SIPCOT .LA,
Thirumangalam,
Madurai District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
to issue a writ of Declaration, declaring that (Tamil Nadu the Act of 10 of
1999) the Tamil Nadu Acquisition of Land for industrial Purpose Act 1997
and its Amending Acts 2000 and 2005 also the rules made there under as
illegal and unconditional under Article 254 of the constitutional of India as
it is inconsistent and repugnant to the central Act namingly Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 and consequently declare the acquisition
proceedings initiated by G.O.Ms.No.58 dated 12.06.2009 and consequential
proceedings in Na.Ka.26636/10/B4 dated 27.04.2010 on the file of
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W.P.(MD).Nos.21369 of 2015, 2883 and 11798 of 2016
respondent No.4 and consequential proceedings in consequential
Notification in Na.Ka.No.26636/10.B4 dated 24.09.2011 on the file of
respondent no.6 and consequential Notification in Na.Ka.No.
57965/2008/B6 dated 01.04.2013 in on the file of respondent No.5 insofar
as the petitioner's land in Survey No.70/1 in Swamimallampatti Village, in
Thirumangalam Taluk, Madurai District initiated by the respondents 3 to 6
invoking (Tamil Nadu the Act of 10 of 1999) the Tamil Nadu Acquisition of
Land for industrial Purpose Act 1997 as null and void.
For Petitioners : Mr.S.Rajasekar
for M/s.T.Lajapathi Roy & Associates
For R-2, R-3, : Mr.N.Satheesh Kumar
R-5 & R-6 Additional Government Pleader
For R-4 : Mr.M.Gangatharan
Standing Counsel
For R-1 : No appearance
W.P.(MD).No.11798 of 2016
M.Duraisami .. Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Secretary,
Law Department,
St.George Fort,
Chennai.
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W.P.(MD).Nos.21369 of 2015, 2883 and 11798 of 2016
2.The District Collector,
Sivagangai,
Sivagangai District.
3.The Special Tahsildar,
Aathi Dravidar Welfare,
Sivagangai District.
4.The District Aathi Dravidar and Tribal
Welfare Officer,
Sivagangai,
Sivagangai District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
to issue a writ of Declaration, declaring the Tamil Nadu Act 1 of 2015 and
the consequent proceedings in Na.Ka.No.W1/18601/1998 dated 13.06.2016
on the file of 4th respondent as illegal.
For Petitioner : Mr.G.Prabhu Rajadurai
For Respondents : Mr.N.Satheesh Kumar
Additional Government Pleader
COMMON ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) In respect of the present Writ Petitions, the learned counsel appearing on behalf of the SIPCOT Limited submitted the copy of the Government Order issued in G.O.(Ms).No.268, Industries (SIPCOT-LA) Department, Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.21369 of 2015, 2883 and 11798 of 2016 dated 21.12.2020, wherein, the Government dropped the entire scheme of land acquisition/alienation over an extent of 588,57.87 hectares of patta lands and 10.09.0 hectares of Government poromboke lands, totalling 598.66.87 hectares (1478.71 acres). Since the subject lands in the above Writ Petitions are covered under the Government Order issued in G.O.Ms.No.268 dated 21.12.2020, no further adjudication is required in the present Writ Petitions, as the cause lapsed.
2. Accordingly, the Writ Petitions are dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
(S.M.S.,J.) (V.L.N.,J.) 10.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To
1.The Secretary, Union of India, Department of Law and Justice, 26, Manslingh Road, Jaisalmer House, New Delhi - 110 011.
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2.The Secretary, The State of Tamil Nadu, Department of Law and Justice, Represented by its Secretary, Fort St.George, Chennai - 9.
3.The Secretary to the Government of Tamil Nadu, Industries Department, Fort St.George, Chennai - 9.
4.The District Collector, Madurai District, Madurai.
5.The Special Tahsildar, Land Acquisition, SIPCOT .LA, Thirumangalam, Madurai District.
6.The District Collector, Sivagangai, Sivagangai District.
7.The Special Tahsildar, Aathi Dravidar Welfare, Sivagangai District.
8.The District Aathi Dravidar and Tribal Welfare Officer, Sivagangai, Sivagangai District.
Page 8 of 9https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.21369 of 2015, 2883 and 11798 of 2016 S.M.SUBRAMANIAM,J.
and V.LAKSHMINARAYANAN,J.
Lm W.P.(MD).Nos.21369 of 2015, 2883 and 11798 of 2016 10.10.2023 Page 9 of 9 https://www.mhc.tn.gov.in/judis