Hon'le Court dismissed the Writ Petition invoking Article 226 challenging orders under the Petroleum and Minerals Pipelines Act, observing that the same issue was already decided by a Division Bench order dated 21.01.2019.
Writ Petition dismissed; connected miscellaneous petitions 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 : 11.03.2022
CORAM :
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
Writ Petition No.14024 of 2012 & M.P.Nos.1,2, 3 and 4 of 2012
R.Mohanabalasubramaniam
...Petitioner
-Vs-
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified mandamus calling upon the records pertaining to the orders dated 26.03.2012 in tha.pa.No.278,279,281/2011(thu.aa) passed by the second respondent herein, quash the same and direct the second respondent to conduct an enquiry as contemplated under Section 5 of the Petroleum and Minerals Pipelines Act afresh.
The Writ Petition has been filed to call for the records orders dated 26.03.2012 in tha.pa.No.278,279,281/2011 (thu.aa) passed by the second respondent herein, quash the same and direct the second respondent to conduct an enquiry as contemplated under Section 5 of the Petroleum and Minerals Pipelines Act afresh.
“ 44. No doubt, acquisition proceedings as well as acquisition of right of user in lands would cause some distress, hard feelings, inconvenience and difficulties and since public interest is involved, right of user of lands was acquired. It is also assured on behalf of GAIL that there is no prohibition to plant crops, which are not deep rooted after leaving some space and in fact such kind of activities are being done by farmers of Nariman at Ramanathapuram Districts.
Assistant Registrar (CS-VI)
//True Copy//
Sub Assistant Registrar
kpr
To
1.The Under Secretary, Union of India, Ministry of Petroleum and Natural Gas, Sasthri Bhavan, New Delhi- 110 011.
2.The Deputy Collector/Competent Authority GAIL India Limited Salem Castle Compound, Salem - 4.
Writ Petition No.14024 of 2012 & M.P.Nos.1,2, 3 and 4 of 2012
GPL (CO) PR (12/04/2022)
1 issue framed by the court
Whether the Writ Petition challenging the orders passed under the Petroleum and Minerals Pipelines Act and seeking a fresh enquiry should be allowed in light of a previous Division Bench order.
Colour shows how this judgement treated each authority
R.Chinnathurai v. Union of India and othersDistinguished¶17
R.Chinnathurai v. Union of India and others
W.P.No.12897 of 2013 etc.Referred¶19
W.P.No.12897 of 2013 etc.
2 provisions across 2 enactments
R.Mohanabalasubramaniam
The Union of India
The Deputy Collector/Competent Authority (GAIL)India Limited
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
