Madras High Court
K. Chandran … vs The District Collector on 23 September, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.25571 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.09.2022
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.25571 of 2022
and
W.M.P.No.24564 of 2022
K. Chandran … Petitioner
Vs.
1. The District Collector,
Krishnagiri.
2. The Special District Revenue Officer (Land Acquisition)
SIPCOT Phase III & IV and Guruparapalli.
SIPCOT Industrial Center, Krishnagiri.
3. The Special Tahsildar ( Land Acquisition),
SIPCOT Phase IV, Unit 4, Block No.7
Soolagiri Post, Krishnagiri District.
4. Senraya Chetty
5. Uma Rani
6. Palaniammal
7. Sangeetha
8. Priya
9. Poornima
https://www.mhc.tn.gov.in/judis
1
W.P.No.25571 of 2022
10. Navaneethan
11. Lingappa
12. Madhesh Chetty ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of Writ of Mandamus forbearing the respondent
Nos.2 and 3 from disbursing the Land-acquisition compensation amount to
the respondents 4 to 13, in respect of the land acquired in Survey No.56 of
No.139 Maruthandapalli Village, measuring about 3.15.5 Hectares or 7.79
Acres, Soolagiri Taluk, Krishnagiri District in pursuant to Form A ( Rule 3)
issued vide Na.KA.25415/2016/B2 dated-/10/2016 ( signed on 11.10.2016)
on the file of the first respondent, without providing an opportunity of
hearing and production of tile and revenue documents to the writ petitioner
and pass orders.
For Petitioner : Mr. R. SelvaKumar
For Respondent-1 : M/s. Senthil Selvann
Government Advocate
For Respondents 2 and 3 : B. Vijay
Additional Government Pleader
ORDER
By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself. https://www.mhc.tn.gov.in/judis 2 W.P.No.25571 of 2022
2. This Writ Petition has been filed seeking for the issuance of Writ of Mandamus forbearing the respondent Nos.2 and 3 from disbursing the Land-acquisition compensation amoun to the respondents 4 to 13, in respect of the land acquired in Survey No.56 of No.139 Maruthandapalli Village, measuring about 3.15.5 Hectares or 7.79 Acres, Soolagiri Taluk, Krishnagiri District in pursuant to Form A ( Rule 3) issued bide Na.KA.25415/2016/B2 dated-/10/2016 ( signed on 11.10.2016) on the file of the first respondent, without providing an opportunity of hearing and production of tile and revenue documents to the writ petitioner.
3. The facts of the case is that the petitioner inherited the subject land from his ancestors and he was in possession and enjoyment of the subject land. Whileso, the first respondent initiated land acquisition proceedings to acquire the subject land for the formation of SIPCOT in Marunthandapalli Village for which a notification was issued vide order Na.Ka.25415/2016/B2 dated 11.10.2016 under Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997 (Section 3(2)). The grievance of the petitioner is that in the said notification the Respondents 4 to 13 herein who have no right to the subject property were jointly shown as owners to the said land and the petitioner did https://www.mhc.tn.gov.in/judis 3 W.P.No.25571 of 2022 not receive any notice regarding the acquisition of the subject land. Hence the petitioner has filed this writ petition with the afore said prayer.
4. The learned counsel for the petitioner submits that it would be suffice if this Court issues direction to the third respondent to conduct an enquiry and pass orders in terms of Section 7(5) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997.
5. The learned Special Government pleader fairly submitted that regarding this issue, this Court may issue a direction to the third respondent to conduct an enquiry in terms of Section Section 7(5) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997, and pass orders.
6.This Court, without going into the merits of the case, grants permission to the petitioner to make representation to the third respondent in terms of in terms of Section 7(5) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997 within a period of three weeks from the date of receipt of a copy of this order. If such representation is made, the third respondent is directed to consider the petitioner's representation and pass https://www.mhc.tn.gov.in/judis 4 W.P.No.25571 of 2022 appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the petitioners and to the aggrieved parties, if any, within a period of twelve weeks thereafter.
6. This writ petition is disposed of with the aforesaid direction. No order as to costs. Consequently the connected miscellaneous petitions is closed.
23.09.2022 Index: Yes/ No Internet: Yes/No smn To.
1. The District Collector, Krishnagiri.
2. The Special District Revenue Officer (Land Acquisition) SIPCOT Phase III & IV and Guruparapalli.
SIPCOT Industrial Center, Krishnagiri.
3. The Special Tahsildar ( Land Acquisition), SIPCOT Phase IV, Unit 4, Block No.7 Soolagiri Post, Krishnagiri District.
https://www.mhc.tn.gov.in/judis 5 W.P.No.25571 of 2022 M.DHANDAPANI,J.
smn W.P.No.25571 of 2022 and W.M.P.No.24564 of 2022 23.09.2022 https://www.mhc.tn.gov.in/judis 6