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2026 Supreme(Online)(Mad) 43301
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, J
Kassali Rahmathullah – Appellant
Versus
Government of India – Respondent
W.P. No. 19993 of 2026|W.M.P. Nos. 21362 & 21363 of 2026
For the Appellants/Petitioners: C. Prabakaran
For the Respondents: M. Sathyan, B. Vijay, M. Murali
An authority is legally mandated to consider the objections of a landowner during the land acquisition process upon the issuance of a formal notification under the applicable industrial acquisition statutes.
Headnote:The petitioner challenged a communication regarding potential land acquisition for a metro rail project under Article 226 of the Constitution of India, expressing concern that his objections might be ignored. The petitioner sought a writ of certiorarified mandamus to quash the impugned notice and restrain acquisition proceedings on his property. The court addressed the primary issue of whether the authorities would consider the petitioner's objections during the acquisition process. The respondent submitted that the mandatory notification under the governing land acquisition statute has not yet been issued. The ratio decidendi established that once the formal notification is issued, the authority is legally obligated to consider any objections raised by the affected landowner properly. The writ petition was disposed of by recording the submission of the respondent that the petitioner's objections will be duly considered when the formal notification is issued.
| Table of Content |
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| 1. requirement to consider objections during statutory land acquisition. (Para 1 , 2 , 3) |
For Petitioner :: Mr.C. Prabakaran For Respondents :: Mr.M. Sathyan for R1 Mr.B. Vijay for R2 Mr.M. Murali, Govt. Advocate for R3 to R5 O R D E R The petitioner apprehends that his land may be acquired for Metro Rail Project without taking note of his objections.
2. When the matter was taken up for hearing, learned Standing Counsel for the 2nd respondent submitted that notification under Section 3(2) of Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 is yet to be issued and as and when the same is issued, the petitioner’s objections will be duly taken note of.
3. Recording the aforesaid submission, the writ petition stands disposed of. No costs. Connected miscellaneous petitions are closed.
