Madras High Court
K.Gangadharan vs State Of Tamil Nadu on 17 September, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2025
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.A.No.1357 of 2023
and
C.M.P.No.13303 of 2023
V.R.Kannan (died)
S/o.Ramapillai
K.Gangadharan
S/o.Late V.R.Kannan ... Appellant
Vs.
1. State of Tamil Nadu
Rep. by the Commissioner and Secretary
to the Government
Social Welfare (ADW) Department
Fort St.George
Chennai-600 009.
2. The District Collector
Vellore District
Vellore.
3. The Special Tahsildar / Land Acquisition Officer
(ADW)
Walajapet Taluk
Vellore District. ... Respondents
Page Nos.1/5
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Prayer:
Writ Appeal filed under Clause 15 of Letters Patent praying to set
aside the order passed by learned Judge in W.P.No.2734 of 2015.
For Appellant : Mr.D.Ananth
for Mr.D.Rajagopal
For Respondents : Mr.Vadivelu Deenadayalan
Additional Government Pleader
JUDGMENT
(Judgment of the Court delivered by S.M.SUBRAMANIAM)
The writ order dated 22.10.2021 is sought to be assailed in the
present intra-Court appeal.
2. It is not in dispute between the parties that the land acquisition
proceedings have been initiated under the old Land Acquisition Act and
concluded. The writ petition has been filed to avail the benefit of Section
24(2) of "The Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Re-settlement Act, 2013 (Central Act
No.30/2013)" ["Act"]. The appellant would mainly contend that the twin
conditions contemplated under Section 24(2) of the Act has not been
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complied with. Therefore, the entire land acquisition is to be declared as
lapsed. Learned single Judge considered the facts elaborately and made a
finding in paragraph No.6 of the writ order impugned that after acquisition
proceedings, an award was passed as early as on 06.12.1991, notice was
issued to the land owners on 22.04.1992 to receive the compensation but
the deceased writ petitioner and his brothers failed to receive the award
amount and consequently, the award amount was deposited in the Revenue
Deposit, Sub-Treasury, Walaja Taluk. Regarding possession, the symbolic
possession was taken on 24.02.1998 and the land acquired was handed
over to the Requisitioning body. Thus, the writ Court arrived at a
conclusion that the appellant has not established the twin conditions
mandated under Section 24(2) of the Act.
3. When the appellant was not able to establish the twin conditions
under Section 24(2) of the Act factually, no further consideration needs to
be undertaken since the scope of the interference under Section 24(2) is
limited to the extent of conditions stipulated under the Act.
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Accordingly, Writ Appeal stands dismissed. Consequently,
connected miscellaneous petition is closed. There shall be no order as to
costs.
[S.M.S., J.] [M.S.Q, J.]
17.09.2025
mk
Speaking / Non-speaking order
Index : Yes
Neutral Citation : Yes / No
To
1. State of Tamil Nadu
Rep. by the Commissioner and Secretary
to the Government
Social Welfare (ADW) Department
Fort St.George
Chennai-600 009.
2. The District Collector
Vellore District
Vellore.
3. The Special Tahsildar / Land Acquisition Officer
(ADW)
Walajapet Taluk
Vellore District.
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S.M.SUBRAMANIAM, J.
and
MOHAMMED SHAFFIQ, J.
mk
17.09.2025
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