V.Bharathazhwar vs The Special Tahsildar on 7 December, 2023

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Madras High Court

V.Bharathazhwar vs The Special Tahsildar on 7 December, 2023

Bench: N.Anand Venkatesh

                                                                   W.P.(MD)No.2476 of 2021




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 07.12.2023

                                                 CORAM

                          THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                        W.P.(MD)No.2476 of 2021
                                                  and
                                   W.M.P.(MD).Nos.2058 and 2059 of 2021

                1.V.Bharathazhwar

                2.Vijayalakshmi

                3.Venkataramanujam

                4.Dhanalakshmi

                5.V.Srinivasan                                            ... Petitioners

                                                    Vs.

                1.The Special Tahsildar,
                  Land Acquisition,
                  Sipcot Alagu – 5,
                  Iruppu, Sattur,
                  Virudhunagar District.

                2.The District Collector,
                  Virudhunagar District.

                3.The Secretary to the Government of Tamilnadu,
                  Industries Department,
                  Fort St.George,
                  Chennai -1.

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                                                                            W.P.(MD)No.2476 of 2021

                4.The Special District Revenue Officer,
                  (Land Acquisition) SIPCOT, Virudhunagar.

                5.State Industries Promotion Corporation
                      of Tamil Nadu Limited, (SIPCOT),
                  Represented by its Managing Director,
                  19A, Rukmani Lakshmipathy Road,
                  Egmore, Chennai – 600 008.                                 ... Respondents

                (R-5 is impleaded vide Court Order dated 07.12.2023
                in W.M.P.(MD).No.12421 of 2021 in W.P.(MD).No.2476 of 2021)


                PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                issuance of Writ of Certiorari, to call for the records of the fourth respondent in
                dated 06.07.2015 made in No.D1/21962/10 U-5/B-3/15 and quash the said
                impugned notification of the respondents as illegal and without jurisdiction.


                                      For Petitioners     : Mr.G.Ravisankar

                                      For R-1 to R-3     : Mrs.D.Farjana Ghoushia
                                                           Special Government Pleader

                                      For R-4 and R-5     : Mr.M.Gangatharan
                                                            Standing Counsel


                                                   ORDER

This Writ Petition has been filed challenging the impugned notification of the fourth respondent dated 06.07.2015 whereby the property belonging to the petitioners was acquired under Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997.

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2. When the matter was taken up for hearing, the learned Standing Counsel appearing on behalf of the impleaded fifth respondent submitted that the acquisition proceeding has been completed and the land has also been handed over to the SIPCOT and the compensation amount has also been determined and deposited. The written instructions received from the first respondent was also placed before this Court.

3. In the considered view of this Court, this Court does not find any illegality in the procedure that was adopted by the respondents for acquisition of the property belonging to the petitioners. Hence, there is no question of interfering with the notification issued by the fourth respondent through proceedings dated 06.07.2015. That apart, the acquisition proceedings itself has been completed and the award has also been determined and deposited. In view of the same, it will be left open to the petitioners to withdraw the award amount lying before the Principal District Court, Srivilliputhurr.

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4. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

07.12.2023 NCC:yes/no Index:yes/no Internet:yes/no Nsr To

1.The Special Tahsildar, Land Acquisition, Sipcot Alagu – 5, Iruppu, Sattur, Virudhunagar District.

2.The District Collector, Virudhunagar District.

3.The Secretary to the Government of Tamilnadu, Industries Department, Fort St.George, Chennai -1.

4.The Special District Revenue Officer, (Land Acquisition) SIPCOT, Virudhunagar.

5.The Managing Director, State Industries Promotion Corporation of Tamil Nadu Limited, (SIPCOT), 19A, Rukmani Lakshmipathy Road, Egmore, Chennai – 600 008.

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https://www.mhc.tn.gov.in/judis W.P.(MD)No.2476 of 2021 N.ANAND VENKATESH, J.

Nsr W.P.(MD)No.2476 of 2021 07.12.2023 5/5 https://www.mhc.tn.gov.in/judis

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