The Government of Tamil Nadu v. M/S. Metal Forms Private Ltd.
Case brief
What is this about?
The High Court dismissed an appeal challenging a writ order directing the government to restore possession of land to a private company. The land acquisition was previously quashed by the Supreme Court, making the High Court's decision based on that precedent binding.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 23.10.2017 Delivered on : 03.11.2017
CORAM: THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE P.VELMURUGAN
W.A No.1016 of 2017 and CMP No.14283 of 2017
1.The Government of Tamil Nadu Rep. by its Joint Secretary to Government and Special Officer (Land Acquisition) Public Works Department, Fort St.George, Chennai - 600 009.
2.The District Collector Tiruvallur District, Tiruvallur.
3.The Land Acquisition Officer and Special Officer (LA) Chennai City Waterways Scheme Ambattur, Chennai 600 053.
4.The Tahsildar, Madhavaram Taluk Office, Red Hills Road, Madhavaram, Chennai - 600 060. ... Appellants Vs
M/s.Metal Forms Private Limited Rep. by its Director Arjun Parthasarathy 459, GNT Road,
Thandal Hazhani Village,
Vadkari Post,Chennai - 600 052. ... Respondent
Prayer:- Writ Appeal filed under clause 15 of the Letter Patent against the order dated 06.04.2016 made in W.P.No.25618 of 2015, Writ petition filed u/s 226 of the constitution of India, to issue a Writ in the nature of a Writ of Mandamus or any other appropriate Writ, direction or order, directing the Respondents to (1) restore possession of the above 3 portions of our Industry Land (i) bearing S.F.No.25/2B and measuring 0.14.0 HAC., (ii) bearing S.F.No.21-B and measuring 0.29.0 HAC. and (iii) bearing S.F.NO.21/A2 and 0.18.5 HAC i.e., in total 0.61.5 HAC (1.52 Acres) situated in Thandal Kazhani Village, Ambattur Taluk, Chennai-600 052 in its original position to the Petitioner, (2) delete the entry of https://hcservices.ecourts.gov.in/hcservices/ “Government Land” made by them in all the Revenue and other
Issues for consideration
2 issues framed by the court
Whether this Court can adjudicate on the merits of possession and compensation deposit via Section 31 when the land acquisition proceedings were already quashed by the Supreme Court?
Whether interference is permissible with the order of the writ court which allowed the mutation of revenue records to the respondent?
Parties & counsel
- appellant
The Government of Tamil Nadu
- appellant
The District Collector
- appellant
The Land Acquisition Officer
- appellant
The Tahsildar
- respondent
M/s. Metal Forms Private Limited
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page · K.k. Sasidharan P. Velmurugan
- Order 2 · S. M. Subramaniam Mohammed Shaffiq
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