Madras High Court
Jagannathan vs The Special Tahsildar (La) on 23 March, 2022
W.P.No.6118 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.6118 of 2012
M.P.1 of 2012
Jagannathan ... Petitioner
Vs.
1.The Special Tahsildar (LA),
SIPCOT Sriperumbudur Scheme,
SIPCOT,
Irrungattukottai village,
Sriperumbudur Taluk,
Kancheepuram District.
2.The Chairman and Managing Director,
SIPCOT,
19-A,rukmani Lakshmipathy Road,
Egmore,
Chennai - 8.
3.K.Nagaraj ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the first and second respondents to
withdraw and cancel the subsequent reference under Section 18 of Land
Acquisition Act, 1894, in L.A.O.P.No.270/2005 for the acquisition of land
in S.No.237/6, measuring 0.30.0 Hec. in Saliyanur Mambakkam Village,
Sriperumbudur Taluk, Kancheepuram District disposed on the file of the
1
https://www.mhc.tn.gov.in/judis
W.P.No.6118 of 2012
learned Sub-ordinate Judge, Tiruvallur on 19.03.05.
For petitioner : Mr.A.S.Vijay Anand
For Respondents : Mr.R.P.Murugan Raja
Government Advocate (for R.1)
M/s.Sudharsana Sundar(for R.2)
M/s.R.Soundari (for R.3)
ORDER
The petitioner has filed this petition, seeking direction to the first and
second respondents to withdraw and cancel the subsequent reference under
Section 18 of Land Acquisition Act, 1894, in L.A.O.P.No.270/2005 for the
acquisition of land in S.No.237/6, measuring 0.30.0 Hec. in Saliyanur
Mambakkam Village, Sriperumbudur Taluk, Kancheepuram District
disposed on the file of the learned Sub-ordinate Judge, Tiruvallur on
19.03.05.
2. Mr.R.P.Murugan Raja, learned Government Advocate takes notice
for the first respondent. In view of the limited relief sought for in this
petition and on the consent expressed by the learned counsel appearing on
either side, this petition is taken up for final disposal.
https://www.mhc.tn.gov.in/judis
W.P.No.6118 of 2012
3. Since, no adverse order is being passed against the third
respondent, notice to the third respondent is dispensed with.
4. The case of the petitioner is that the petitioner's property in Survey
No.237/6, measuring 0.30.0 hectares in Salaiyanur Mambakkam Village,
Sriperumbudur Taluk, Kancheepuram District was acquired by the second
respondent for the purpose SIPCOT Industrial Scheme. On his request, the
Collector has referred the matter under Section 18 of the Land Acquisition
Act, 1894 to Sub-Court, Poonamallee and the same was taken on file in
L.A.OP.No.251 of 2002. Thereafter, the District Collector mistakenly
referred the matter in L.A.OP.No.270 of 2005 on the file of Sub-Court,
Thirvallur, and the same was referred to the Lok Adalat Committee and in
respect of same Survey numbers two awards were passed in L.A.OP.No.251
of 2002 and L.A.OP.No.270 of 2005. Thereby, the petitioner had filed
present writ petition to withdraw the L.A.OP.No.270 of 2005 and deposit
the amount as the Judgment in L.A.OP.No.251 of 2002. Hence, the present
Writ Petition has been filed by the petitioner for the above relief.
https://www.mhc.tn.gov.in/judis
W.P.No.6118 of 2012
5. Though very many grounds have been raised, learned counsel for
the petitioner submits that admittedly, the District Collector referred the
determination of Compensation in terms of Section.18 in L.A.OP.No.251 of
2002 on the file of Sub-Court, Poonamallee and after three years another
L.A.OP 270 of 2005 was referred inadvertently by the District
Administration.
6. Earlier, this Court issued direction to respective Court for
production of records. However, The Sub-Court, Poonamallee produced the
records before this Court in L.A.OP.No.251 of 2002 in which Judgment was
passed. However, the Sub-Court, Thiruvallur till date not traced the
L.A.OP.No.270 of 2005 and further L.A.OP.No.270 of 2005 was disposed
by way of Lok Adalat Award. The learned Sub-Court Judge, Thiruvallur in
her letter dated 21.03.2022 stated that, inspite of of her sincere efforts, the
records pertaining to L.A.OP.No.270 of 2005 were not traceable in record
room and prayed for some time.
7. In view of the aforesaid submissions, this Court is inclined to issue
a direction to the respondent not to proceed with L.A.OP.No.270/2005, on
https://www.mhc.tn.gov.in/judis
W.P.No.6118 of 2012
the file of Sub Court, Thiruvallur. However, the respondent is directed to
deposit the compensation amount as per the award in L.A.OP.No.251 of
2002 dated 29.03.2006 within a period of 24 weeks from the date of receipt
of a copy of this order.
8. Accordingly, this writ petition is disposed of with the aforesaid
direction. No costs. Consequently, connected miscellaneous petition is
closed.
23.03.2022
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
tri/nhs
To
1.The Special Tahsildar (LA),
SIPCOT Sriperumbudur Scheme,
SIPCOT,
Irrungattukottai village,
Sriperumbudur Taluk,
Kancheepuram District.
2.The Chairman and Managing Director,
SIPCOT,
19-A,rukmani Lakshmipathy Road,
Egmore,
Chennai - 8.
https://www.mhc.tn.gov.in/judis
W.P.No.6118 of 2012
M.DHANDAPANI,J.
tri/nhs
W.P.No.6118 of 2012
M.P.1 of 2012
23.03.2022
https://www.mhc.tn.gov.in/judis
