Madras High Court
K.Nagarajan vs The Government Of Tamil Nadu on 22 September, 2021
W.P.(MD)Nos.4769, 4771 and 10050 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.09.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)Nos.4769, 4771 and 10050 of 2021
and
W.M.P(MD).Nos.3883,3885,3887,3888,7758 and 7761 of 2021
1. K.Nagarajan
2. N.Sumathi ... Petitioners
in W.P(MD).No.4769 of 2021
1. N.Krishnammal
2. N.Nagendran
3. N.Nagarajan ... Petitioners
in W.P(MD).No.4771 of 2021
1.Smt.Vasantha
2. Smt.Jayalakshmi
3. Smt.Maheswari ... Petitioners
in W.P(MD).No.10050 of 2021
Vs.
1. The Government of Tamil Nadu,
Rep. by its Secretary to Government,
Highways Department, Secretariat,
Chennai - 600 009.
2. The District Collector,
Madurai District, Madurai.
3. The District Revenue Officer,
Madurai District, Collectorate Campus,
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD)Nos.4769, 4771 and 10050 of 2021
Madurai.
4. The Revenue Divisional Officer,
Thirumangalam Division,
Thirumangalam,
Madurai District. ... Respondents
in all the Writ Petitions
5. Smt.Lakshmi
6. Thiru. Rajavel
7. Thiru.Rajaganapathi ... Respondents 5,6 and 7
in W.P(MD).No.10050 of 2021
Prayer in W.P(MD).No.4769 of 2021: Writ petition filed under Article
226 of the Constitution of India, to issue a Writ of Declaration declaring
the land acquisition proceedings initiated under the Tamil Nadu
Highways Act, 2001 in Na.Ka.No.4185/2017/B6 dated 14.12.2020 in
respect of petitioner's landed property along with superstructure in an
extent of 253 Sq.mtrs. comprised in Town Survey No.7, Ward No.7,
Thirumangalam Municipality, Madurai District as lapsed and inoperative
in view of the enactment of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013.
Prayer in W.P(MD).No.4771 of 2021: Writ petition filed under Article
226 of the Constitution of India, to issue a Writ of Declaration declaring
the land acquisition proceedings initiated under the Tamil Nadu
Highways Act, 2001 in Na.Ka.No.4185/2017/B6 dated 14.12.2020 in
respect of petitioner's landed property along with superstructure in an
extent of 258 Sq.mtrs. comprised in Town Survey No.8, Ward No.8,
https://www.mhc.tn.gov.in/judis/
W.P.(MD)Nos.4769, 4771 and 10050 of 2021
Thirumangalam Municipality, Madurai District as lapsed and inoperative
in view of the enactment of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013.
Prayer in W.P(MD).No.10050 of 2021: Writ petition filed under Article
226 of the Constitution of India, to issue a Writ of Declaration declaring
the land acquisition proceedings initiated under the Tamil Nadu
Highways Act, 2001 initiated by the 3rd respondent in by proceedings in
Na.Ka.No.4185/2017/B6 dated 14.12.2020 in respect of petitioner's
landed property along with superstructure in an extent of 711 Sq.mtrs.
comprised in Town Survey Nos.3,5 and 6 in Ward No.C, Block No.7,
Thirumangalam Municipality, Madurai District as lapsed and inoperative
in view of the enactment of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013.
For Petitioners : Mr.R.R.Kannan
in W.P(MD).Nos.4769 and 4771 of 2021
Mr.K.Hemakarthikeyan
in W.P(MD).No.10050 of 2021
For Respondents : Mr.Veera Kathiravan,
Additional Advocate General
Assisted by Mr.K.S.Selva Ganesan,
Counsel for the State for R1 to R4
in all the Writ Petitions.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)Nos.4769, 4771 and 10050 of 2021
COMMON ORDER
In these three writ petitions, the respective petitioner seeks a
declaration that the land acquisition proceedings initiated under the Tamil
Nadu Highways Act, 2001 are deemed to have lapsed and become
inoperative in view of the enactment of the Right To Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 (Act 30 of 2013).
2. The principal basis on which the acquisition proceedings are
challenged in these three writ petitions is that the State enactment is
repugnant to Act 30 of 2013, which was made on 27.09.2013. However,
after these writ petitions were filed, the State enacted the Tamil Nadu
Land Acquisition Laws (Revival of Operation, Amendment and
Validation) Act, 2019, which came into effect from 26.09.2013 and had
the effect of saving the three State enactments, including the Tamil Nadu
Highways Act, 2001, with effect from 26.09.2013. Upon challenge, the
Hon'ble Supreme Court upheld the validity of the above mentioned Act
of 2019 in the judgment in G.Mohan Rao Vs. The State of Tamil Nadu,
https://www.mhc.tn.gov.in/judis/
W.P.(MD)Nos.4769, 4771 and 10050 of 2021
2019 SCC Online SC 440. Consequently, the basis of challenge in the
present writ petitions has been rejected by the Hon'ble Supreme Court.
3. Accordingly, W.P.(MD)Nos.4769, 4771 and 10050 of 2021 are
dismissed without any order as to costs by leaving it open to the
respective petitioner to institute appropriate legal proceedings to
challenge the acquisition proceedings on grounds other than repugnancy.
Consequently, connected W.M.P(MD).Nos.3883,3885,3887,3888,7758
and 7761 of 2021 are closed.
22.09.2021
Index : Yes/No
Internet : Yes/No
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To
1. The Secretary,
State of Tamil Nadu,
Highways Department,
Fort St.George, Chennai-9.
2. The District Collector,
Madurai District, Madurai.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)Nos.4769, 4771 and 10050 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
pkn
3. The District Revenue Officer,
Madurai District, Collectorate Campus,
Madurai.
4. The Revenue Divisional Officer,
Thirumangalam Division,
Thirumangalam,
Madurai District.
W.P.(MD)Nos.4769, 4771 and 10050 of 2021
22.09.2021
https://www.mhc.tn.gov.in/judis/
