W.P. challenging G.O.Ms.No.145, Industries Department, dated 22.11.2018, regarding allotment of acquired land. Court held that land acquired in 1961 vests with government; petitioner cannot claim right after such lapse of time. Petition dismissed.
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W.P.No.6754 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.6754 of 2019
and
W.M.P.Nos.7557, 7558 & 7559 of 2019
R.Perumalswamy
... Petitioner
Vs.
W.P.No.6754 of 2019
... Respondents
Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records pertaining to the G.O. (M.s) No.145, Industries (MID1) Department dated 22.11.2018 on the file of the 1st Respondent and quash the same and consequently forbear the Respondents from interfering in the Petitioner's peaceful possession and enjoyment of the land to the extent of 13.65 acres in Survey No.70/1 (5.16 acres), Survey No.73/2 (2.27 acres), Survey No.77 (5.68 acres) Survey No.70/2A (0.54 acres) Porur Village, Ambattur Taluk, Tiruvallur District.
For Petitioner : No Appearance For Respondents : (for R.1, 2, 4 to 6) : Mr.P.Kumaresan, AAG, assisted by Mr.J.Daniel, Govt. Advocate (for R.3) : Mr.K.P.Sanjeev Kumar for M/s.Ojas Law firm
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O R D E R
The Government Order issued in G.O.Ms.No.145, Industries Department, dated 22.11.2018, is under challenge in the present writ petition.
2.The writ petitioner states that the subject property described in the present writ petition has been inherited by him through his father. He was in possession and enjoyment of the property. It is not in dispute that the property belonging to the family of the petitioner was acquired and the land was allotted for development of Industries by the Government.
3.The learned Additional Advocate General, appearing on behalf of the State, made a submission that the acquisition proceedings were initiated in the year 1961 and was completed, by G.O.Ms.No.5781, dated 29.09.1961. Consequent to the acquisition, a registered assignment deed also has been executed in the name of the 3rd respondent. The industrial activities are going on in the said property for the past about 63 years.
4.The petitioner has raised an objection by stating that he is the
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W.P.No.6754 of 2019
owner of the property.
5.After the lands were acquired by the Government, the land vest with the Government and it was subsequently allotted in favour of the 3rd respondent. Now after this length of time, the petitioner cannot claim any right over the property which was acquired in the year 1961 and therefore, the very claim set out by the petitioner is untenable.
6.Accordingly, the writ petition stands dismissed . However, there
shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
(sha) Index : Yes Speaking Order Neutral Citation : Yes
06.07.2023
To
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W.P.No.6754 of 2019
Rep. by Additional Chief Secretary to Government, Industries (MID.1) Department, Secretariat, Fort St.George, Chennai-600 009.
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S.M.SUBRAMANIAM. J.,
(sha)
W.P.No.6754 of 2019
06.07.2023
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2 issues framed by the court
Whether a petitioner can claim right over property acquired in 1961 where the land was subsequently allotted to an industrial company.
Whether the Government Order dated 22.11.2018 regarding the allotment of acquired land stands to be quashed.
R.Perumalswamy
The State of Tamil Nadu
The Chairman, W.S. Industries (India) Ltd.
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
