K.Sathish Kumar vs Union Of India
2022 Latest Caselaw 11631 Mad

                                                                              W.P.No.29698 of 2011


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 30.06.2022

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.No.29698 of 2011
                                              and MP No.1 of 2011

                     K.Sathish Kumar                                      ...Petitioner
                                                          Vs.



                     1. Union of India
                        Rep. By its Secretary to Government,
                        Petroleum and Natural Gas Department,
                        New Delhi

                     2. The Sepcial Tahsildhar-cum- Authorised Officer,
                         GAIL (I) Ltd.,
                         Hotel Salem Castle Campus,
                        Swarnapuri, Salem-4
                                                                ..Respondents


                     Prayer:-       Writ   petitions   filed    under   Article   226     of   the

                     Constitution of India praying to issue a Writ of Certiorarified

                     Mandamus to call for the records of the 2nd respondent in and

                     by his proceeding Tha. Pa. No.28/2011 (Thu.Aa) dt 18.11.2011

                     and to quash the same             and consequently directing the 2nd

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                                                                             W.P.No.29698 of 2011


                     respondent to consider the petitioners objection in the light of

                     Section      7(1)    of    the   Petroleum   and   Minerals     Pipelines

                     (Acquisition) Act 1962.

                                   For Petitioner        : Mrs.H.Suchithra

                                   For Respondents        : M/s.Ajmal Associates
                                                           for R2

                                                      ORDER

This writ petition has been filed challenging the

proceedings of the 2nd respondent in Tha. Pa. No.28/2011

(Thu.Aa) dt 18.11.2011 and for a consequential direction to the

2nd respondent to consider the petitioner's objection in the light

of Section 7(1) of the Petroleum and Minerals Pipelines

(Acquisition) Act 1962.

2. When the matter was taken up for hearing, the

learned Standing counsel appearing on behalf of the 2nd

respondent brought to the notice of this Court the judgement of

the Hon'ble Division Bench in WP No.23536 of 2012 etc.,dated

21.01.2019 and submitted that the relief sought for in this writ

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W.P.No.29698 of 2011

petition is covered by the said judgement. A copy of the said

judgement was also produced before this Court.

3. On going through the judgment, this Court finds

that the issue involved in this writ petition is squarely covered by

the Hon'ble Division Bench judgment. The relevant portions in

the Division Bench judgment are extracted hereunder :-

44. No doubt, acquisition proceedings as well as

acquisition of right of user in lands would cause some

distress, hard feelings, inconvenience and difficulties

and since public interest is involved, right of user of

lands was acquired. It is also assured on behalf of

GAIL that there is no prohibition to plant crops,

which are not deep rooted after leaving some space

and in fact such kind of activities are being done by

farmers of Nariman at Ramanathapuram Districts.

45. GAIL shall take all necessary steps to convince the

landowners/farmers since the project will develop

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W.P.No.29698 of 2011

industrialization and this Court expects that the

Government of Tamil Nadu to extend its fullest

cooperation and also made similar observations in

paragraph No.73 of the order 25.11.2013 made in

W.P.No.12897 of 2013 etc., batch.

46. In the result, all the Writ Petitions are dismissed.

Interim orders granted, if any, shall stand vacated.

No costs. Consequently, connected miscellaneous

petitions are dismissed.

4. In the light of the above judgement of the Hon'ble

Division Bench, this writ petition stands dismissed. Consequently,

the connected miscellaneous petition is closed.

                                                                                 30.06.2022

                     Internet: Yes/No
                     Index:    Yes/No
                     rka


                     To
                     1. Union of India

https://www.mhc.tn.gov.in/judis

W.P.No.29698 of 2011

Rep. By its Secretary to Government, Petroleum and Natural Gas Department, New Delhi

2. The Sepcial Tahsildhar-cum- Authorised Officer, GAIL (I) Ltd., Hotel Salem Castle Campus, Swarnapuri, Salem-4

N.ANAND VENKATESH,J.,

rka

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W.P.No.29698 of 2011

W.P.No.29698 of 2011

30.06.2022

https://www.mhc.tn.gov.in/judis