Allowed

V.K.Rajasekaran, v. the State of Tamil Nadu

Madras HC27 Apr 2021WMP/11016/2021

Case brief

AI extract

What is this about?

This miscellaneous petition sought to amend the prayer to challenge the draft award in a land acquisition matter. The single-judge court held that since the amendment was necessary to effectively adjudicate the challenge to the award, the amendment was allowed. The petitioner's writ petition was permitted to be amended.

What did the court decide?

Amendment to the prayer in the writ petition to include challenge to the draft award was allowed.

V.K.Rajasekaran, Vs the State of Tamil Nadu — Land Acquisition | Madras HC (2021)

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W.M.P.No.11016 of 2021 in W.P.No.10563 of 2013

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W.M.P.No.11016 of 2021 in

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W.P.No.10563 of 2013

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R. SURESH KUMAR, J.

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In this miscellaneous petition, the petitioner has sought for amendment of the

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prayer. Originally, the following prayer was sought for :

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"For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ of Certiorari or any other appropriate writ or order or direction, in the nature of writ, calling for the records in relation to the notification issued under Section 4(1) of the Land Acquisition Act, 1984 in G.O.Ms.No.495, dated 14.11.1996 (Housing & Urban Development Department) and the declaration made under Section 6 of the Land Acquisition Act in G.O.Ms.No.442, dated 23.12.1997 (Housing & Urban Development Department) by the first respondent under the Land Acquisition Act, 1894 and quash the same in respect of the lands belonging to the petitioner, comprised in S.F.Nos.8/2A, 8/2C and 9/2A situated at Vellakinaru village, Coimbatore."

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W.M.P.No.11016 of 2021 in W.P.No.10563 of 2013

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2. Now as per the amendment, the following prayer is sought for:

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"For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ of Certiorari or any other appropriate writ or order or direction, in the nature of writ, calling for the records in relation to the notification issued under Section 4(1) of the Land Acquisition Act, 1984 in G.O.Ms.No.495, dated 14.11.1996 (Housing & Urban Development Department) and the declaration made under Section 6 of the Land Acquisition Act in G.O.Ms.No.442, dated 23.12.1997 (Housing Urban Development) by the first respondent and the Draft Award in Award No.2/1999, dated 31.12.1999 passed by the second respondent under the Land Acquisition Act, 1894, quash the same in respect of the lands belonging to the petitioner, comprised in S.F.Nos.8/2A, 8/2C and 9/2A situated at Vellakinaru village, Coimbatore."

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3. Heard Mr.P.S.Raman, learned Senior Counsel for Mr.R.N.Amarnath,

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learned counsel, appearing for the petitioner, Mr.M.Elumalai, learned Additional

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2/4

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https://www.mhc.tn.gov.in/judis/

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W.M.P.No.11016 of 2021 in W.P.No.10563 of 2013

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Government Pleader appearing for respondents 1 and 2 and Dr.R.Gouri, learned Standing Counsel appearing for the third respondent.

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4. Since the prayer sought for herein is only an amendment to challenge the award itself, as submitted by the learned Senior Counsel appearing for the petitioner, unless such a challenge is made with regard to the award, cumulatively the issue raised in this writ petition cannot be effectively adjudicated. Therefore, this Court feels that, the amendment can be allowed. Accordingly, this petition is allowed.

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5. The Registry is directed to carry out the amendment and post the writ petition for hearing on 14.06.2021.

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6. In the meanwhile, let the respondents file counter affidavit in the main writ

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petition even with regard to the amended prayer also.

27.04.2021

(1/2)

tsvn/sgl

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W.M.P.No.11016 of 2021 in W.P.No.10563 of 2013

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R.SURESH KUMAR, J

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tsvn/sgl

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W.M.P.No.11016 of 2021
in W.P.No.10563 of 2013

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27.04.2021
(1/2)

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V.K.Rajasekaran, v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

V.K.Rajasekaran, v. the State of Tamil Nadu

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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