Madras High Court
The District Collector vs Krishnaveni on 5 October, 2021
W.A.Nos.2237 to 2240 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.Nos.2237 to 2240 of 2021
and
C.M.P.Nos.14152, 14164, 14180 & 14183 of 2021
1.The District Collector,
Kancheepuram District,
O/o. The Kancheepuram Collectorate,
Kancheepuram.
2.The Special Tahsildar (LA),
MMRD Scheme,
Inner Ring Road,
Chrompet, Chennai – 44. .. Appellants in all W.As.
vs
Krishnaveni .. Respondent in
W.A.No.2237/2021
Radhakrishnan .. Respondent in
W.A.No.2238/2021
Leelavathi .. Respondent in
W.A.No.2239/2021
A. Jayaraman .. Respondent in
W.A.No.2240/2021
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https://www.mhc.tn.gov.in/judis/
W.A.Nos.2237 to 2240 of 2021
Common Prayer: Writ Appeal filed under clause 15 of the Letters
Patent praying to set aside the order dated 22.02.2017 made in
W.P.Nos.9257, 9254, 9256 and 9255 of 2012.
For Appellants : Mr.C.Jayaprakash
in all W.As. Government Counsel
For Respondent : Mr.V.Venkatasamy
in all W.As.
COMMON JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
These Writ Appeals have been filed challenging the common
order dated 22.02.2017 made in W.P.Nos.9257, 9254, 9256 and 9255
of 2012. Those writ petitions were originally filed by the respondents
herein, challenging the order 08.02.2012 relating to land acquisition
proceedings, passed by the 2nd appellant.
2. When the matter is taken up for hearing, the learned
counsel appearing for the respondent in all writ appeals submitted that
a similar issue was decided in C.M.P.Nos.19513, 19515, 19517 & 19523
of 2018 in W.A.SR.Nos.120093, 120091, 120092 & 120090 of 2018,
wherein, in the common judgment dated 02.01.2019, the Division
Bench held as follows:
“5. Though we are not satisfied with the reasons, we have
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W.A.Nos.2237 to 2240 of 2021
heard the learned Additional Government Pleader for the
petitioners/appellants on the merits of the matter. We find that the
learned Single Judge had followed the earlier order made in
WP.No.39883 of 2002 dated 07.1.2003, which order had become
final and had been implemented. Further, the learned Single Judge
also noted the proceedings of the Special Tahsildar (LA), Inner
Ring Road Scheme, Guindy dated 14.7.2004 and held that the
appellants were not justified in rejecting the applications filed by
the erstwhile land owners for re-determination of the
compensation under Section 28A of the Land Acquisition Act, 1894.
6. The learned Single Judge also noted that in the earlier
round of litigation, the Court held that an exercise under Section
28A of the said Act had to be done within a period of three months
from the date of the order and it was also made clear that the
applications of the writ petitioners under Section 28A of the said
Act, subject to other conditions being fulfilled, should be
entertained. The learned Single Judge rightly held that the Court
has enlarged the time for filing the applications and in the absence
of any doubt on this aspect, the learned Single Judge rightly held
that the orders passed by the second appellant dated 08.2.2012
were not sustainable in law. Thus, for the above reasons namely
on the ground that the appellants have not explained the
inordinate delay in a proper manner as well as on merits, we find
that the appellants have not made out any grounds to interfere
with the common order passed by the learned Single Judge.
7. Accordingly, the above civil miscellaneous petitions are
dismissed. Consequently, the writ appeals are rejected in the SR
stage.”
3. As the issue involved in these writ appeals is squarely
covered by the common judgment of this Court dated 02.01.2019
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W.A.Nos.2237 to 2240 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
made in C.M.P.Nos.19513, 19515, 19517 & 19523 of 2018 in
W.A.SR.Nos.120093, 120091, 120092 & 120090 of 2018, these writ
appeals are also dismissed in the above terms. However, there is no
order as to costs. Consequently, the connected civil miscellaneous
petitions are also closed.
[P.S.N., J.] [K.R., J.]
05.10.2021
rsi
To
1.The District Collector,
Kancheepuram District,
O/o. The Kancheepuram Collectorate,
Kancheepuram.
2.The Special Tahsildar (LA),
MMRD Scheme,
Inner Ring Road,
Chrompet, Chennai – 44
W.A.Nos.2237 to 2240 of 2021
and
C.M.P.Nos.14152, 14164, 14180
& 14183 of 2021
https://www.mhc.tn.gov.in/judis/
