Writ appeal filed against Single Judge dismissing petition for renewal of salt lands. Court rejected contention that public interest in constructing a Truck Terminal negates vested rights. Writ appeal dismissed.
No costs. Connected miscellaneous petition is closed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.A.(MD).No.881 of 2013 &
M.P.(MD).No.1 of 2013
1.T.Anburaj
2.M.Dhanalakshmi
3.D.Mahendran 4.C.Dharmaraj 5.K.Thanga Mariappan 6.T.Nagarajan 7.S.Suresh Babu 8.S.Rajendran 9.R.Kannan
...Appellants/ Petitioners
Vs.
2.The Commissioner, Land Administration, Chepauk, Chennai-600 005. 3.The Salt Commissioner, 2-A, Lavan Marg, Jhalana Doongri, Jaipur – 302 001. Rajasthan.
4.The Deputy Salt Commissioner, 26, Haddow Road, “Shastri Bhavan” Chennai-600 006.
5.The Assistant Salt Commissioner, Tuticorin.
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6.The Commissioner Secretary, Industries Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
... Respondents/Respondents
PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent against the order dated 07.06.2013 passed in W.P.(MD).No.3677 of 2012.
Prayer in WP(MD). 3677/ 2012 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to grant an order of writ of mandamus, directing the respondents 1,2 and 5 as to renew salt producing lands situate at Survey No. 1149/1, 1150/1, 1686, 1689/1, 1689/2, 931/1, 931/3B, 1676, 1677/1 1683/1, 1684, 1691/2 and 1692/3, 1139/2A, 1677, 1678, 682/2, 1139/1A, 680,1692/2,675,1684,1679,681,1155/1A, in Meelavittan Village Part II, Tuticorin Taluk, Tuticorin District, for a further period under G.O Ms No.810 dated 30/05/1991, G.O. Ms No. 1242 dated 7/09/1981 and G.O. No.125 dated 05.02.1992 .
For Appellants : Mr.S.Subbiah Senior Counsel for Mr.N.Subramanian
For Respondents : Mr.VR.Shanmuganathan for R1 & R2 & R4 to R6
Special Government Pleader
JUDGMENT
[Judgment of the Court was delivered by M.M.SUNDRESH,J] This appeal is directed against the order of the learned Single Judge, who after holding that the appellants have no vested right to seek for renewal, was pleased to dismiss the writ petition.
https://hcservices.ecourts.gov.in/hcservices/ 3. We are afraid that the said contention cannot be countenanced in the present writ appeal. If the appellants are of the view overwhelming public interest would be affected, if a
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Truck Terminal is constructed, it is well open to them to come with a separate petition, if they so desire.
In the result, the writ appeal is dismissed. No costs. Connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub-Assistant Registrar
To
2.The Commissioner, Land Administration, Chepauk, Chennai-600 005.
3.The Deputy Salt Commissioner, 26, Haddow Road, “Shastri Bhavan” Chennai-600 006.
4.The Assistant Salt Commissioner, Tuticorin.
5.The Commissioner Secretary, Industries Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
+One cc to M/s.N.Subramanian, Advocate, SR.No.79365 jikr RL/7C/3P/GT/SAR2/27/9/2017
Judgment made in W.A.(MD).No.881 of 2013 & M.P.(MD).No.1 of 2013
14.09.2017
2 issues framed by the court
Whether appellants have a vested right to seek renewal of salt producing lands amidst government plan to construct a Truck Terminal.
Whether the claim of public interest in constructing a Truck Terminal overrides the salt production lands renewal.
5 provisions across 5 enactments
T.Anburaj and 8 others
District Collector, Tuticorin
M.M.Sundresh
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
