Madras High Court
G.Iniyan Kumar vs The Managing Director on 31 March, 2022
W.A.No.776 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.3.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.776 of 2022
and C.M.P.No.5420 of 2022
G.Iniyan Kumar Appellant
Vs
1. The Managing Director,
Tamil Nadu Industrial
Development Corporation Ltd.,
19-A, Rukmani Lakshmipathi Road,
Egmore, Chennai-600 008.
2. The District Collector,
Tiruvallur District,
Collectorate Campus,
Tiruvallur HO,
Tiruvallur-602 001.
3. The District Revenue Officer,
Tiruvallur District,
Collectorate Campus,
Tiruvallur HO,
Tiruvallur-602 001. .. Respondents
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W.A.No.776 of 2022
Prayer:Appeal filed under Clause 15 of the Letters Patent against the
order dated 22.11.2021 in W.P.No.24834 of 2021.
For Appellant : Mr.T.P.Prabakaran
For Respondents : Mr.P.Muthukumar,
State Government Pleader for
R2 and R3
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard the learned counsel appearing for the respective
parties.
2. The writ appeal has been filed against the order dated
22.11.2021 passed in W.P.No.24834 of 2021 wherein a challenge was
made to the notice dated 29.6.2021 issued under Section 3(2) of the
Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. The
learned Single Judge dismissed the writ petition finding that the
enquiry date itself expired and the impugned notice also got expired.
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W.A.No.776 of 2022
3. The learned counsel for the appellant submits that the
appellant is actually aggrieved by the order dated 19.8.2021 passed on
the objections submitted by the appellant, as the same was passed by
an authority who was not competent to pass the order.
4. However, we do not find a prayer in the writ petition for
quashing the order dated 19.8.2021 or even an argument to that
effect. It is otherwise taken to be a decision on the objections made by
the appellant. Rather, it was sent by the Authority, for whom, the
lands were sought to be acquired. It is in compliance of the Rules and
a final decision is to be taken by the Competent Authority and the
Government before issuing the Notification under Section 3(1) of the
Act of 1997. Thus, the appeal has been filed for a cause not prayed for
in the writ petition and otherwise the appellant is misleading the Court.
5. Taking into consideration the overall circumstances, the writ
appeal is dismissed with cost of Rs.5,000/- (Rupees five thousand
only) to be paid to the Tamil Nadu State Legal Services Authority,
Chennai within 15 days from today and the compliance shall be
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W.A.No.776 of 2022
reported to the Registrar Judicial. If the compliance is not made
within the time stipulated, the writ petition shall be posted before
this Court for passing appropriate orders for compliance.
Consequently, the connected CMP is also dismissed. There will be no
order as to costs.
(M.N.B., CJ) (D.B.C., J.)
31.3.2022
Index : Yes/No
To
1. The Managing Director,
Tamil Nadu Industrial Development Corporation Ltd.,
19-A, Rukmani Lakshmipathi Road,
Egmore, Chennai-600 008.
2. The District Collector,
Tiruvallur District, Collectorate Campus,
Tiruvallur HO, Tiruvallur-602 001.
3. The District Revenue Officer,
Tiruvallur District,
Collectorate Campus,
Tiruvallur HO, Tiruvallur-602 001.
RS
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https://www.mhc.tn.gov.in/judis
W.A.No.776 of 2022
M.N.BHANDARI,CJ
AND
D.BHARATHA CHAKRAVARTHY,J
RS
W.A.No.776 of 2022
31.3.2022
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