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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
Pillappa and Others – Petitioners
Versus
The Government of Tamil Nadu, Rep. by Secretary, Industrial Department – Respondent
W.P. No. 19803 of 2012, 15099 of 2013, M.P. Nos. 2 of 2012, 2 of 2013, W.M.P. No. 12178 of 2017
Decided On : 01-09-2021
Tamil Nadu Acquisition of Land (for Industrial Purposes) Act, 1997 - Section 3(2) - Constitution of India,1950 - Article 226 - Seeking to quash - Issue a writ of Certiorari - Thereafter no orders were passed on their objections as required under Section 3(3) of Act- When cause was shown against acquisition it is a duty of Government to pass orders after due application of mind- Without passing any order on objections petitioners were furnished with a copy of order passed under Section 3(1) of Act- Thereafter they were served with notice under Section 4(2) of Act calling upon them to handover possession within a period of days from receipt of notice - Therefore entire acquisition proceedings is illegal and unconstitutional - Held, If petitioners failed to submit their written objections or if any objection is received after date or if objections does not clearly explain nature of interest in lands same is liable to be summarily rejected- Since respondents received objections from petitioners in after a period of days from issuance of Form-B they proceeded to conduct enquiry on - Thereafter they passed order on proceedings in proceedings was sent for service on all private individuals through Village Administrative Officer - All individuals refused to receive same and it was served by affixing order on doors of their residence by Village Administrative Officer - Further respondents have conducted enquiry on in respect of acquisition of property of petitioner in - Petitions are dismissed
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, to call for the records on the file of the first respondent in G.O.Ms. 27, Industries, (MIG-2) dated 02.02.2012 and published in Tamil Nadu Government Gazette Part II Section 2 dated 02.02.2012 and quash the same as illegal, incompetent and unconstitutional, in so far as S. Nos. 162/1A, 1B, 1D1, 1D3, 1E2, 1F, 162/2A, 2B and 2C of Mornapalli Village, Hosur Taluk, Krishnagiri District.
Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, to call for the records on the file of the first respondent in G.O.55, Industries (SIPCOT LA) dated 09.06.2010 and G.O.98 industries, (SIPCOT LA) dated 23.07.2010 and quash the proceedings therein as illegal, incompetent, without jurisdiction and unconstitutional, in so far as the lands belonging to the petitioner in Survey Numbers 168/1A1 and 168/1A2 of Kunnavakkam Village and 222/3 of Karanai Village, Cheyyar Taluk, Tiruvannamalai District.
1. W.P. No. 19803 of 2012 has been filed seeking to quash G.O.Ms. 27, Industries, (MIG-2) dated 02.02.2012 on the file of the first respondent and published in Tamil Nadu Government Gazette Part II Section 2 dated 02.02.2012, insofar as S. Nos. 162/1A, 1B, 1D1, 1D3, 1E2, 1F, 162/2A, 2B and 2C of Mornapalli Village, Hosur Taluk, Krishnagiri District is concerned.
2. W.P. No. 15099 of 2013 has been filed seeking to quash G.O.Ms. No. 55, Industries (SIPCOT-LA) dated 09.06.2010 and G.O.Ms.No.98, industries (SIPCOT-LA) dated 23.07.2010 on the file of the first respondent, in so far as the lands belonging to the petitioner in S. Nos. 168/1A1 and 168/1A2 of Kunnavakkam Village and 222/3 of Karanai Village, Cheyyar Taluk, Tiruvannamalai District is concerned.
3. The case of the petitioners is that the petitioners’ lands in S. Nos. 162/1A, 1B, 1D1, 1D3, 1E2, 1F, 162/2A, 2B and 2C of Mornapalli Village, Hosur Taluk, Krishnagiri District and S. Nos. 168/1A1 and 168/1A2 of Kunnavakkam Village and 222/3 of Karanai Village, Cheyyar Taluk, Tiruvannamalai District are sought to be acquired under the Tamil Nadu Acquisition of Land (for Industrial Purposes) Act, 1997 (hereinafter referred to as ‘the Act’ for short). The petitioners were served with notice under Section 3(2) of the Act. On receipt of the same, the petitioners in W.P. No. 19803 of 2012 raised their objections on 15.06.2007 and the petitioner in W.P. No. 15099 of 2013 made a representation dated 16.02.2009. Thereafter, the petitioners were served with Form-B as contemplated under Section 3(2) of the Act. On receipt of the same, the petitioners in W.P. Nos. 19803 of 2012 have issued legal notice dated 15.03.2008. According to the petitioners, the subject lands includes their residential area. Further, the objections raised by the petitioners in W.P. No. 19803 of 2012 are as follows:
2. State has left the lands unutilized and there is no need for the present acquisition.
3. The proceedings are offensive of Article 300A of the constitution of India.
4. Repeated acquisitions of the petitioners properties offends Human Rights and Constitutional Guarantees.
5. The provisions of the Act 10 of 1999 was not followed.”
4. Thereafter, no orders were passed on their objections as required under Section 3(3) of the Act. When the cause was shown against the acquisition, it is a duty of the Government to pass orders after due application of mind. Without passing any order on the objections, the petitioners were furnished with a copy of the order passed under Section 3(1) of the Act. Thereafter, they were served with notice under Section 4(2) of the Act calling upon them to handover possession within a period of 30 days from the date of receipt of the notice. Therefore, the entire acquisition proceedings is illegal and unconstitutional.
5. The second respondent filed counter affidavit and submit
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