IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, K.K.RAMAKRISHNAN, JJ
P.Malairajan – Appellant
Versus
The Government of Tamilnadu, Rep. by its Principal Secretary Revenue and Disaster Management Department Fort St. George, Secretariat Chennai - 600 009. – Respondent
| Table of Content |
|---|
| 1. facts around land acquisition. (Para 1 , 2 , 10 , 11 , 12) |
| 2. arguments presented by petitioners. (Para 3 , 4) |
| 3. state's defense in response. (Para 5 , 6) |
| 4. court's legal reasoning and observations. (Para 8 , 9 , 14 , 15 , 16 , 20) |
| 5. judgment and orders passed by the court. (Para 21 , 22) |
COMMON ORDER
[Order of the Court was made by Mr.K.K.RAMAKRISHNAN.J
WP(MD)No.27922 of 2024 has been filed to issue writ of Mandamus forbearing the official respondents from evicting the petitioners from the dwelling house and properties in the respective patta lands in various survey numbers stated in the prayer, without providing rehabilitation and resettlement assurance.
WP(MD)No.29208 of 2024 has been filed to issue a Writ of Declaration, to declare the Provisions under section 4(2) and 4 (3) of The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 to the extent that without confirming to the safeguards provided under section 38 along with Schedule 2 and Schedule 3 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and the Revival Act 38 of 2019 as null and void and ultravires of the Constitution or in the
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