V.Santhanakrishnan Vs The General Manager

2.Land Acquisition Officer cum Competent Authority, India Oil Corporation Ltd, AFT, CBPL, CBRT and ET-LPG Pipe Projects, Plot No.12, Jayaprakash Street, VGP Nagar, Rajajipuram, Tiruvallur - 602 001. . .. Respondents

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PRAYER: Writ Petition is filed under Article 226 of Constitution of India p raying to issue Writ of Certiorari, calling for the records on the file of the second respondent to quash the impugned proceedings in CCPL.O.P.No.14/2017, dated 20.04.2017 and Sec. 6(4) notification issued by the second respondent dated 13.12.2017 Petroleum and 1/5

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

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W.P.No.17218 of 2018

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Minerals Pipelines (Acquisition of right uses in land) which is published in Part-II, Section.3, Sub Section (ii) of the Gazette of India, issued under the Land Acquisition Act of right of user in land relating to Petroleum and Minerals pipelines of 50/1962 as illegal, arbitrary, unlawful.

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For Petitioner : Mr.S. Venkatesh For Respondents : Mr.Daniel Tyagaraj

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O R D E R

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This Writ Petition has been filed challenging the proceedings

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dated 20.04.2017 and Section 6(4) notification dated 13.12.2017 issued by the second respondent.

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2 . Heard the learned counsel appearing on either side and perused the materials available on record.

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3 . On instructions, the second respondent filed a report before

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this Court. Accordingly, the subject land in this writ petition comprised in Survey No.1307/1B, measuring to an extent of 03 ares; the land comprised in Survey No.1309/2, measuring to an extent of 13 ares; and the land comprised in Survey No.1317/2, measuring to an extent of 25

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

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W.P.No.17218 of 2018

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ares, situated at No.144, Vallur Village, Ponneri Taluk, Thiruvallur District, were notified under ROU by the competent authority. However, pipelines were not laid in these survey numbers, as the route was subsequently modified.

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4 . With the above direction, the impugned proceedings passed

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by the second respondent dated 20.04.2017 and Section 6(4) notification dated 13.12.2017 issued by the second respondent cannot be sustained insofar as the subject land is concerned. Accordingly, the impugned proceedings dated 20.04.2017 and Section 6(4) notification dated 13.12.2017 are quashed in respect of the subject land alone.

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5 . Accordingly, t his Writ Petition is allowed. There shall be no

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order as to costs.

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23.09.2025

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Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No

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sri

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

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W.P.No.17218 of 2018

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To

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1.The General Manager, SRPL, Pipe Line Division, Indian Oil Corporation Ltd, 6/13, Four Frames, Wheat Croft Road, Nungambakkam, Chennai - 600 034.

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2.Land Acquisition Officer cum Competent Authority, India Oil Corporation Ltd, AFT, CBPL, CBRT and ET-LPG Pipe Projects, Plot No.12, Jayaprakash Street, VGP Nagar, Rajajipuram, Tiruvallur - 602 001.

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

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W.P.No.17218 of 2018

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G.K.ILANTHIRAIYAN, J.

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sri

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W.P.No.17218 of 2018