Disposed

M/S.Osr Infra Private Limited, v. the Secretary

Madras HC2 Jan 2017WP(MD)/23146/2016

Case brief

AI extract

What is this about?

The Madras High Court, Madurai Bench, disposed of a writ petition seeking a writ of Mandamus for land acquisition. Instead of directing immediate acquisition, the Court directed the District Collector to consider the petitioner's request and pass orders on merits within six weeks.

What did the court decide?

Direction to the District Collector to consider the petitioner's request dated 05.10.2016 and pass appropriate orders on merits within six weeks from the date of receipt of this order.

M/S.Osr Infra Private Limited, Vs the Secretary — Company and Corporate | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2017 CORAM

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THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU

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W.P(MD)No.23146 of 2016

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M/s OSR INFRA PRIVATE LIMITED #8-2-293/82/J/A/105, Plot No.105A, Near Syndicte Bank, Journalist Colony Jubilee Hills, Hyderabad – 500 033, rep. by its Director

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.. Petitioner

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vs.

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1.The Secretary Government of Tamil Nadu Industries Department, Fort St. George, Chennai – 600 009.

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2.The Secretary,

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Government of Tamil Nadu

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Revenue Department,

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Fort St. George, Chennai – 600 009.

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3.The District Collector, Dindigul District, Dindigul.

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the respondents to initiate proceedings under the Tamil Nadu Acquisition of land for Industrial Purpose Act and acquire land to an extent of 50 cents and an extent of 79 cents, or such other portions in Survey Nos.291/2 and 290/2 respectively of Thamaraipadi Village, Dindigul Taluk and District for the purpose of laying the Railway Siding line to the Warehouse for Food Corporation of India at Thamaraipadi Village, Dindigul District.

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For Petitioner : Mr.V.Veerapandian For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

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O R D E R

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https://hcservices.ecourts.gov.in/hcservices/ Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

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2.Though this writ petition is filed seeking for a Mandamus directing the respondents to initiate proceedings under the Tamil Nadu Acquisition of Land for Industrial Purpose Act for the purpose of laying the Railway Siding line to the Warehouse for Food Corporation of India at Thamaraipadi Village, Dindigul District, this Court is not inclined to issue such Mandamus straightaway, in view of the fact that it is for the third respondent to consider the request of the petitioner based on their representations, dated 05.10.2016, wherein and whereby, the petitioner has made a request to the third respondent to acquire the two blocks of land measuring an extent of 50 cents in Survey Nos.291/2 and 79 cents in Survey No. 290/2 of Thamaraipadi Village, Dindigul Taluk in order to facilitate the double Railway line.

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3.The learned Additional Government Pleader appearing for the respondents submitted that the said request of the petitioner will be considered and appropriate orders will be passed within the time stipulated by this Court.

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4.Accordingly, this Writ Petition is disposed of only with a direction to the third respondent to consider the request of the petitioner, dated 05.10.2016, and pass appropriate orders on the same on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Needless to say that if third respondent decides to proceed to acquire the land under the above said enactment, he should follow the procedure strictly in accordance with law as contemplated under the said enactment. No costs.

Sd/-

Assistant Registrar

/True Copy/

Sub Assistant Registrar

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1.The Secretary Government of Tamil Nadu Industries Department,

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Fort St. George,

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Chennai – 600 009.

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2.The Secretary, Government of Tamil Nadu

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Revenue Department,

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Fort St. George, https://hcservices.ecourts.gov.in/hcservices/ Chennai – 600 009.

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3.The District Collector, Dindigul District, Dindigul.

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+1cc to M/s.Vastlaw Associates, Advocate Sr.No.123

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W.P(MD)No.23146 of 2016

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02.01.2017

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skn rum/skn/05.01.2017/2p/5c

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https://hcservices.ecourts.gov.in/hcservices/

M/S.Osr Infra Private Limited, v. the Secretary

Case brief

What is this about?

What did the court decide?

M/S.Osr Infra Private Limited, v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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