Madras High Court
S.Subramaniam vs The State Of Tamil Nadu on 30 September, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.A(MD)NO.1874 OF 2021
and
C.M.P(MD)No.8236 of 2021
1.S.Subramaniam
2.K.Rohinkumar
3.Rajamma
4.S.Nagamoni
5.S.Nadarajan
6.S.Kumarasamy :Appellants/Petitioners
.vs.
1.The State of Tamil Nadu,
represented by its Secretary to Government,
Revenue Department,
Fort St.George,
Chennai – 600 009.
2.The State of Tamil Nadu,
represented by its Secretary to Government,
Fisheries Department,
Fort St.George,
Chennai – 600 009.
3.The State of Tamil Nadu,
represented by its Secretary to Government,
Backward Welfare Department,
https://www.mhc.tn.gov.in/judis/
2
Fort St.George,
Chennai – 600 009.
4.The District Collector,
Kanniyakumari District,
Nagercoil.
5.The Revenue Divisional Officer,
(Land Acquisition Officer),
Padmanabhapuram,
Kanniyakumari District.
6.The Assistant Director of Fisheries,
Vadasery,
Nagercoil,
Kannkyakumari District. : Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court made
in W.P(MD)No.16165 of 2021of 2007, dated 09.09.2021
For Appellant :Mr.M.Suri
For Respondents :Mr.P.Thilakkumar
1 to 6 Government Pleader
JUDGMENT
*************
[Judgment of the Court was made by M.DURAISWAMY,J.]
Challenging the order in W.P(MD)No.16165 of 2021, the Writ
Petitioners have filed the above Writ Appeal.
2.The appellants filed the above Writ Petition to issue a Writ
of declaration decalring the Draft Award No.1/2007-2008, dated
https://www.mhc.tn.gov.in/judis/
28.09.2007 of the fifth respondent as final and conclusive, as per
the provisions of the Land Encroachment Act, 1894.
3.It is not in dispute that the Petitioners have filed a Writ
Petition in W.P.No.32005 of 2007 seeking for issuance of a Writ of
Certiorari to call for the records relating to the notices dated
13.09.2007 issued by the Revenue Divisional Officer,
Padmanabhapuram and the acquisition proceedings of the
Secretary to the Government, Revenue Department and to quash
the same. The earlier Writ Petition was dismissed by the learned
Single Judge by order, dated 01.09.2015. The learned Single Judge,
while dismissing the Writ Petition, has observed as follows:
''15..........Therefore, the Petitioners are not
entitled to receive any relief under Section 24(2) of
the Right toFair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement
Act, 2013, in the given set of facts and current
situation. Further, the said property had been
acquired for a public prupose ie.,formation of a
fishing harbour in Kanyakumari District which is of
paramount importance. Hence, the above Writ
Petition is dismissed. There is no order as to costs.
Consequently, connected Miscellaneous Petitions are
closed.''
4.In the present Writ Petition, the learned Single Judge
https://www.mhc.tn.gov.in/judis/
taking note of the order passed in the earlier Writ Petition in
W.P.No.32005 of 2007, held that the Petitioners are endeavouring
to re-agitate the same issue instead of taking the order in appeal.
5.The learned counsel appearing for the appellants submitted
that the order passed in W.P.No.32005 of 2007 has become final,
for the reason that the appellants have not challenged the same by
way of an appeal.
6.The learned Single Judge has rightly dismissed the Writ
Petition, on the ground that the issue has already been decided in
the earlier Writ Petition in W.P.No.32005 of 2007. We do not find
any ground to interfere with the order passed by the learned Single
Judge. The Writ Appeal is devoid of merits and accordingly, the
same stands dismissed. No costs. Consequently, connected
Miscellaneous Petition is dismissed.
[M.D.,J.] & [K.M.S.,J.]
30.09.2021
Index:Yes/No
Internet:Yes/No
vsn
Note :
In view of the present lock
down owing to COVID-19
https://www.mhc.tn.gov.in/judis/
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall be
the responsibility of the
advocate / litigant
concerned.
To
1.The Secretary to Government,
Government of Tamil Nadu,
Revenue Department,
Fort St.George,
Chennai – 600 009.
2.The Secretary to Government,
Government of Tamil Nadu,
Fisheries Department,
Fort St.George,
Chennai – 600 009.
3.The Secretary to Government,
Government of Tamil Nadu,
Backward Welfare Department,
Fort St.George,
Chennai – 600 009.
4.The District Collector,
Kanniyakumari District,
Nagercoil.
5.The Revenue Divisional Officer,
(Land Acquisition Officer),
Padmanabhapuram,
Kanniyakumari District.
6.The Assistant Director of Fisheries,
Vadasery,
Nagercoil,
Kannkyakumari District.
https://www.mhc.tn.gov.in/judis/
M.DURAISWAMY, J.
AND
K.MURALI SHANKAR, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1874 OF 2021
and
C.M.P(MD)No.8236 of 2021
30.09.2021
https://www.mhc.tn.gov.in/judis/
