Court dismissed a writ petition challenging land acquisition proceedings, noting that the disputed land had already been allotted to landless persons from socially backward communities with pattas issued, rendering the prayer for withdrawal unnecessary.
Writ Petition dismissed; no costs; connected Miscellaneous Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.13343 of 2003 and
W.M.P.No.16754 of 2003
Good Shepherd Nursery and Primary School Parents Teachers Association.
Rep.by its Secretary S.Damodaran ... Petitioner
Vs.
Chennai – 600 009.
Unit – I, Dindigal. ... Respondents
Prayer: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus or any other appropriate Writ or Order or direction in the nature of Writ, calling the records from the 3rd respondent herein relating to his order No.H2/22089/2002, dated 25.03.2003 (signed on 26.03.2003) and to quash the same, consequently forbearing the respondents herein from initiating further proceedings of land acquisition in respect of the land bearing S.No. 370/3G of Vambarpatti Village in which the Good Shepherd Nursery and Primary School is functioning till the disposal of the above Writ Petition.
For Petitioner : Mr.E.R.K.Moorthy For Respondents : Mr.K.Dhanajeyam Special Government Pleader for R5
O R D E R
The land acquisition proceedings initiated in proceedings No.H2-22089-2002, dated 22nd March 2003 is under challenge in this Writ Petition.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
mvs/gsk
To
Adi-Dravidar and Tribal Welfare Department,
Fort St.George, Chennai – 600 009.
NR(CO) CA(29/06/2017)
2 issues framed by the court
Whether withdrawal of land acquisition proceedings can be ordered when the land has already been allotted to landless poor people with pattas issued.
Whether the High Court can quash an order declaring land as Government property when allocation to landless persons has already occurred.
1 provisions across 1 enactments
Good Shepherd Nursery and Primary School Parents Teachers Association
The Secretary, Office of the Chief Minister's Special Cell
The Government of Tamilnadu
The Collector, Dindigul
The Special Tahsildar (ADW)
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
