Madras High Court
State Of Tamil Nadu vs M.Leninkumar on 5 August, 2021
W.A.No.1121 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MRS.JUSTICE S.KANNAMMAL
W.A.No.1121 of 2021
and C.M.P.No.7073 of 2021
1.State of Tamil Nadu
Rep. by The Additional Chief Secretary,
Highways & Minor Ports Dept.,
Secretariate, Chennai - 600 009.
2.The Special District Revenue Officer,
(Land Acquisition Officer),
Chennai - Kanniyakumari Industrial
Corridor Project,
Plot No.74, Vijayaraghavan Nagar,
Zahir Ammapalayam,
Salem District - 636 302.
3.The Divisional Engineer,
Highways Department,
Vaigai Street, Highways Nagar,
Salem - 636 005.
4.The District Collector,
Namakkal District, Namakkal .. Appellants
Vs
1.M.Leninkumar
2.K.Natesan
3.S.Jothi
4.C.Muthusamy
5.P.Annamalai
Page 1 of 5
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W.A.No.1121 of 2021
6.R.Subramaniyam
7.R.Sellapan
8.P.Pandian
9.M.Karunanithi .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 28.10.2020 made in W.P.No.13976 of 2020.
For Appellants : Mr.D.Ravichander,
Government Counsel
For Respondents : Mr.N.Manokaran
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal is directed against the order dated 28.10.2020 made
in W.P.No.13976 of 2020.
2. The issue involved is no longer res integra. Against the very
same common judgment, writ appeal in W.A.No.555 of 2021 has been
filed and this Court by order dated 28.07.2021 dismissed the said writ
appeal, wherein, it has been held as follows:-
.........................................................................
2. Learned Government Counsel appearing for the
appellants placing reliance upon the judgment of the
learned Single Judge in Titanium Equipment and Anode
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W.A.No.1121 of 2021
Manufacturing Company Limited Vs. State of Tamil
Nadu and Others (2018 4 CTC 814) submitted that the
power of eminent domain is available and the manner in
which the recommendation is made by the second
appellant will have no impact on the acquisition
proceedings as it is merely recommendatory. The first
appellant has considered the entire materials and rejected
it.
3. Learned counsel appearing for the
respondents/writ petitioners submitted that the first
appellant is expected to apply his mind over the materials
placed before him which is inclusive of the views of the
requisitioning authority, if any, views of the
recommendation of the second appellant and the objection
of the respondents. Mere mechanical acceptance is not
required especially when the Act is expropriatory in nature.
It is further submitted that pursuant to the order of the
learned Single Judge, re-enquiry was initiated and the
objections of the respondents have already been received.
4. Having heard the learned counsel appearing for
the parties, we do not find any error warranting
interference with the order of the learned Single Judge.
Apart from the subsequent development, there is nothing
wrong in the reasoning adopted by the learned Single
Judge. As observed by us, the Act being expropriatory in
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W.A.No.1121 of 2021
nature, there has to be a strict compliance. The learned
Single Judge taking note of the relevant materials came to
the conclusion that there is non- application of mind on the
part of the first appellant and the second appellant has
rejected it, which weighed in the mind of the first
appellant.
5. We find no reason to interfere with the order of
the learned Single Judge and having found that the order
of the learned Single Judge relied upon by the learned
Government Counsel does not have any application to the
case on hand.
6. The writ appeal accordingly stands dismissed. No
costs. Consequently, connected miscellaneous petition is
closed.
3. The said ratio being applicable to the case on hand, this writ
appeal stands dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
(M.M.S., J.) (S.K., J.)
05.08.2021
Index:Yes/No
mmi/ssm
M.M.SUNDRESH,J.
https://www.mhc.tn.gov.in/judis/
W.A.No.1121 of 2021
and
S.KANNAMMAL,J.
mmi
W.A.No.1121 of 2021
05.08.2021
https://www.mhc.tn.gov.in/judis/
