Madras High Court
The Principal ... vs M/S.Padma Mines And Mineral ... on 30 January, 2023
W.A.No.27 of 2022
and W.P.No.13815 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.27 of 2022
and
W.P.No.13815 of 2022
W.A.No.27 of 2022:
1.The Principal Secretary/Commissioner of
Land Reforms,
Office of the Director of Urban Land Ceiling
and Urban Land Tax,
Chepauk, Chennai-600 005.
2.The Assistant Commissioner,
(Urban Land Tax), Alandur,
Chennai-600 088. .. Appellants
Vs
M/s.Padma Mines and Mineral Corporation,
rep. by its Partner S.Srinivasan,
No.2/493, Mambakkam Road,
Medavakkam, Chennai-601 302. .. Respondent
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https://www.mhc.tn.gov.in/judis
W.A.No.27 of 2022
and W.P.No.13815 of 2022
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 9.7.2019 made in W.P.No.10386 of 2009.
W.P.No.13815 of 2022:
M/s.Padma Mines and Minerals Corporation,
rep. by its Partner S.Srinivasan,
No.2/493, Mambakkam Road,
Medavakkam,
Chennai-601 302. .. Petitioner
Vs
State,
rep. by The Revenue Inspector,
Medavakkam,
Tambaram Taluk,
Chengalpattu District. .. Respondent
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of certiorari calling for the records with
regard to the respondent's notice dated 17.05.2022 issued under the
Tamil Nadu Act 3 of 1905 and quash the same as illegal and ultra
vires.
For the Appellants : Mr.P.Kumaresan
in W.A.No.27/2022 Addl. Advocate General
and assisted by
For the Respondent Mr.S.Prabhakaran
in W.P.No.13815/2022 Government Advocate
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W.A.No.27 of 2022
and W.P.No.13815 of 2022
For the Respondent : Mr.S.Ayyadurai
in W.A.No.27/2022 Senior Counsel
and for Mr.M.Velmurugan
For the Petitioner
in W.P.No.13815/2022
COMMON JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
W.A.No.27 of 2022 is directed against the order dated 9.7.2019
passed in W.P.No.10386 of 2009.
2. W.P.No.13815 of 2022 has been filed by the writ
petitioner/respondent in W.A.No.27 of 2022 to quash the impugned
notice dated 17.5.2022 issued by the respondent therein.
3. Learned Additional Advocate General appearing for the
appellants argued that, firstly, the matter was not properly
represented on behalf of the appellants before the learned Single
Judge. Secondly, the writ petition filed by the writ petitioner is abuse
of process of law inasmuch as the possession of the excess land was
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W.A.No.27 of 2022
and W.P.No.13815 of 2022
handed over to the revenue authorities in the year 1996 itself after
following all the procedures laid down in the Tamil Nadu Urban Land
(Ceiling and Regulation) Act, 1978. Therefore, the order of the
learned Single Judge remanding the matter to the appellants to
proceed in accordance with law after following the procedure
contemplated under the Act of 1978 and the principles of natural
justice is erroneous.
4. In reply, Mr.S.Ayyadurai, learned senior counsel appearing for
the respondent/writ petitioner submitted that when the Act of 1978
was repealed on 16.6.1999 by Repeal Act 20 of 1999, the impugned
order dated 5.2.1999 passed by the Principal Secretary/ Commissioner
of Land Reforms rejecting the exemption petition on the ground that
possession of the land was handed over on 8.10.1996, without even
hearing the writ petitioner, is in violation of the basic principles of
natural justice. Therefore, the learned Single Judge, considering the
fact that the impugned order dated 5.2.2009 was passed without
following the principles of natural justice, has rightly remanded the
matter to the appellants. Hence, the order of the learned Single Judge
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W.A.No.27 of 2022
and W.P.No.13815 of 2022
does not call for any interference and the writ appeal is liable to be
dismissed.
5. Learned senior counsel appearing on behalf of the writ
petitioner further submitted that inasmuch as the initiation of
proceedings is itself in gross violation of the principles of natural
justice, the consequential notice issued under Section 7 of the Tamil
Nadu Land Encroachment Act, 1905 by the Revenue Inspector,
Medavakkam, which is under challenge in W.P.No.13815 of 2022, is
also liable to be quashed.
6. We have considered the rival submissions and also perused
the materials available on record.
7. As could be seen from the impugned order, while disposing of
the writ petition, the learned Single Judge heard the submissions of
learned counsel for the respondent/writ petitioner and learned
Additional Government Pleader for the appellants herein. Since both
learned counsel for the respondent/writ petitioner and learned
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W.A.No.27 of 2022
and W.P.No.13815 of 2022
Additional Government Pleader agreed that the impugned order dated
05.02.2009 was passed without giving any opportunity to the
respondent/writ petitioner, the learned Single Judge remanded the
matter to the appellants to proceed further in accordance with law. In
paragraph 3, the learned Single Judge observed as under:
“3. Both the counsel agreed that the impugned order
was passed without giving any opportunity to the
petitioner. In view of the above violation of the
principles of natural justice, I am inclined to set aside
the impugned order passed by the Officer, accordingly
impugned order is set aside and liberty is granted to
the respondent to proceed the matter in accordance
with law after following the procedure contemplated
under the Act and principles of natural justice. Writ
petition is allowed in the above terms. No costs.”
8. Since the learned Single Judge clearly mentioned that both
the counsel agreed that the impugned order was passed without giving
any opportunity to the respondent/writ petitioner, in our considered
view, the learned Single Judge was right in remanding the matter to
the appellants to proceed with the matter in accordance with law after
following the procedure contemplated under the Act and the principles
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W.A.No.27 of 2022
and W.P.No.13815 of 2022
of natural justice. We find no error in it. Therefore, the appeal fails
and the same is dismissed.
9. In view of the dismissal of the appeal, the consequential
notice dated 17.5.2022 issued by the Revenue Inspector,
Medavakkam, which is impugned in W.P.No.13815 of 2022, deserves
to be quashed. Accordingly, the impugned notice dated 17.5.2022
issued by the respondent Revenue Inspector, Medavakkam, Tambaram
Taluk, Chengalpattu District is set aside and the writ petition is
allowed.
There will be no order as to costs. Consequently, C.M.P.No.358
of 2022 and W.M.P.No.13103 of 2022 are closed.
(T.R., ACJ.) (D.B.C., J.)
30.01.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
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https://www.mhc.tn.gov.in/judis
W.A.No.27 of 2022
and W.P.No.13815 of 2022
To
The Revenue Inspector,
Medavakkam,
Tambaram Taluk,
Chengalpattu District.
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https://www.mhc.tn.gov.in/judis
W.A.No.27 of 2022
and W.P.No.13815 of 2022
T.RAJA, ACJ.
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
W.A.No.27 of 2022
and W.P.No.13815 of 2022
30.01.2023
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https://www.mhc.tn.gov.in/judis
