Madras High Court
The State Of Tamil Nadu vs P.Palani on 18 July, 2023
W.A.No.1623 of 2018 and
W.P.No.15427 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.07.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE P. B.BALAJI
W.A.No.1623 of 2018 and
CMP No.13150 of 2018
and
W.P.No.15427 of 2010 and
MP No.2 to 3 of 2015
1. The State of Tamil Nadu,
rep. by the Secretary to Government of Tamil Nadu,
Revenue Department, Fort St. George,
Chennai -9.
2. The Chairman and Managing Director,
Tamil Nadu Corporation of Industrial Development,
Greenways Road, Chennai.
3. The District Collector, Dharmapuri District.
4. The District Revenue Officer,
Dharmapuri District, Dharmapuri.
5. The Special Tahsildar (LA), TACID Phase II Office,
Pochampalli, Uthangarai Taluk. ... Appellants
Vs.
Page 1 of 8
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W.A.No.1623 of 2018 and
W.P.No.15427 of 2010
1.P.Palani
2. P.Perumal
3. A.Angammal
4. Periyannan ... Respondents
In W.P.No.15427/2010
1. P.Palani
2. P.Perumal
3. A.Angammal ... Petitioners
Vs.
1. The State of Tamil Nadu,
rep. by the Secretary to Government,
Revenue Department, Fort St. George,
Chennai -600 009.
2. The Chairman and Managing Director,
Tamil Nadu Corporation of Industrial Development,
Greenways Road, Chennai.
3. The District Collector, Krishnagiri District.
4. The District Revenue Officer,
Krishnagiri District.
5. The Special Tahsildar (LA), TACID Phase II Office,
Pochampalli, Uthangarai Taluk. ... Respondents
Prayer in Writ Appeal: Writ Appeal filed under Clause 15 of Letters Patent
to set aside the order passed by this Court in W.P.No.4105/2003 dated
26.02.2004.
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W.A.No.1623 of 2018 and
W.P.No.15427 of 2010
Prayer in Writ Petition: Writ Petition filed under Article 226 of the
Constitution of India seeking to issue a Writ of Mandamus, directing the
respondents to withdraw the proposed acquisition of the lands belonging to
the petitioners in S.No.64/2B2, 64/2B3, 64/2C and 66 to the extent of 4.32
acres and 5 acres in Reddipatti Village, Oothangarai Taluk, Krishnagiri
District and to release the lands of the petitioners from acquisition
proceedings.
For Appellants/Respondents : Mr.UM Ravichandran,
Spl.Govt.Pleader
For Writ petitioners/Respondents : Mrs.Arulmozhi
COMMON JUDGEMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
This Intra Court Appeal has been filed by the Government,
challenging the order passed by this Court in W.P.No.4105/2003 dated
26.02.2004, whereby the Writ Court has directed the Special Tahsildar
(L & A), TACID phase II office, Pochampalli, Uthangarai Taluk to verify as
to the ownership of the writ petitioners in respect of the lands and the survey
numbers furnished in the writ petition and withdraw the compensation
amount that has been deposited in respect of the land acquisition
https://www.mhc.tn.gov.in/judis
W.A.No.1623 of 2018 and
W.P.No.15427 of 2010
proceedings in question and pay it over to the writ petitioners. In addition to
that, the Writ Court has directed the above said Tahsildar to pay the costs
quantified in a sum of Rs.2000/- (Rupees two thousand only) from out of the
pocket to each of the petitioners,within a period of 15 days from the date of
receipt of production of a copy of the order.
2. The Writ Petition has been filed to direct the respondents to
withdraw the proposed land acquisition belonging to the writ petitioners in
S.No.64/2B2, 64/2B3, 64/2C and 66 to the extent of 4.32 acres and 5 acres
in Reddipatti Village, Oothangarai Taluk, Krishnagiri District and to release
the lands of the petitioners from acquisition proceedings.
3. The writ appeal and the writ petition are inter related with regard to
the proceedings for acquisition of the above said lands. Hence, the matters
were taken together for joint hearing and are disposed by way of this
common judgment.
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W.A.No.1623 of 2018 and
W.P.No.15427 of 2010
4. As far as the Writ Appeal No.1623 of 2018 is concerned, a perusal
of the grounds appeal shows that aggrieved by the one of the directions to
the concerned Tahsildar, directing to pay cost of Rs.2,000/- to each writ
petitioners, this appeal has been filed by the Government. In sofar as the
other direction to the Special Tahsildar, viz., to verify as to the ownership
of the writ petitioners in respect of the lands and the survey numbers
furnished in the writ petition and withdraw the compensation amount that
has been deposited in respect of the land acquisition proceedings in
question and pay it over to the writ petitioners is concerned, the appellant/
Department is no way prejudiced by this direction. Therefore, the challenge
is only as against the order for payment of costs. But, in our view, after
discussing the matter elaborately, the Writ Court has passed the above order
and hence, it does not require for any interference by this Court. Therefore,
this writ appeal is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
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W.A.No.1623 of 2018 and
W.P.No.15427 of 2010
5. As for as the writ petition in W.P.No.15427/2010 is concerned, the
learned counsel appearing for the writ petitioner seeks permission of this
Court to withdraw the writ petition and to that effect, she has also made an
endorsement. Further, she seeks liberty to approach the authorities
concerned to seek remedy, in the light of the order passed by this Court in
W.P.No.4105/2003 dated 21.01.2009.
5.1. Recording the submission and the endorsement made by the
learned counsel for the appellant, the writ petition is dismissed as
withdrawn. No cots. Consequently, connected miscellaneous petition is
closed. Liberty is granted to the writ petitioner to seek remedy before the
authorities concerned.
(D.K.K.J.) (P.B.B.J.)
18.07.2023
Internet: Yes/No
Index : Yes/No
mst
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W.A.No.1623 of 2018 and
W.P.No.15427 of 2010
To
1. The Secretary to Government, State of Tamil Nadu,
Revenue Department, Fort St. George,
Chennai -9.
2. The Chairman and Managing Director,
Tamil Nadu Corporation of Industrial Development,
Greenways Road, Chennai.
3. The District Collector, Krishnagiri District.
4. The District Collector, Dharmapuri District.
5. The District Revenue Officer, Krishnagiri District.
6. The District Revenue Officer, Dharmapuri District.
7. The Special Tahsildar (LA), TACID Phase II Office,
Pochampalli, Uthangarai Taluk.
8. The Chief Administrative Officer/Construction,
Southern Railway, Office of CAO, Construction,
Egmore, Chennai 600 008.
https://www.mhc.tn.gov.in/judis
W.A.No.1623 of 2018 and
W.P.No.15427 of 2010
D.KRISHNAKUMAR, J.
and
P. B.BALAJI, J.
mst
W.A.No.1623 of 2018 and
W.P.No.15427 of 2010
18.07.2023
https://www.mhc.tn.gov.in/judis
