K.Balasubramanian Vs the State of Tamil Nadu

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, forbearing the 4th respondent from converting the use of lands covered by the lakes Thaimaan, Govindapillai, Kinathadipallam, Karaipotaan Aaru or river (which is a tributary of Cauvery) and Valayapatti situated in the survey number 128, 314, 186 and 691 of Valayapatti Village and Pudhupatti revenue village taluk and District Namakkal catchment area, feeding canals and poonjai and nanjai agricultural lands spread around the afore said lakes situated within the four boundaries on the North by Pudhupatti, on the East by Valayapatti on the South by Arur and Parali Lathwadi from agricultural to industrial use and to protect the said lands covered by the lakes and ponds in interest of the members of the Association.

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For Petitioner(s): Mr.Avinashwadhwani For Respondent(s): Mr.A.Selvendran Special Government Pleader For R1 To R3 Mr.Ramesh Venkatachalapathy Standing Counsel For R4

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

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WP No.9576 of 2025

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ORDER

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This writ petition has been filed by the petitioner seeking to forebear the

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4 th respondent from converting the use of lands covered by the lakes Thaimaan, Govindapillai, Kinathadipallam, Karaipotaan Aaru or river (which is a tributary of Cauvery) and Valayapatti situated in the survey number 128, 314, 186 and

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691 of Valayapatti Village and Pudhupatti Revenue Village Taluk and District Namakkal catchment area, feeding canals and poonjai and nanjai agricultural

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lands spread around the aforesaid lakes situated within the four boundaries on

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the North by Pudhupatti, on the East by Valayapatti on the South by Arur and Parali Lathwadi from agricultural to industrial use and to protect the said lands

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covered by the lakes and ponds in interest of the members of the Association.

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2.The grievance of the petitioner is that the 4th respondent/SIPCOT has proposed to acquire 483 acres of farm land in Valayapatti, N.Pudupatti, Arur and

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Parali Panchayat and making an attempt to cover up the lakes viz., Thaimaan,

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Govindapillai, Kinathadipallam, Karaipotaan Aaru (which is a tributary of

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

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WP No.9576 of 2025

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Cauvery) and Valayapatti situated in the Survey Nos.128, 314, 186 and 691 of

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Valayapatti Village and Pudhupatti Revenue Village Catchment area, feeding canals and poonjai and nanjai agricultural lands spread around the aforesaid lakes situated within the four boundaries on the North by Pudhupatti, on the East by Valayapatti on the South by Arur and Parali Lathwadi, for the industrial use. Therefore, the petitioner prays to forebear the respondents from converting the use of aforesaid water bodies, while acquiring the lands for SIPCOT Industrial Park.

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3.Learned Special Government Pleader appearing 1 to 3 filed a counter

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affidavit, wherein, the 3rd respondent has stated as follows:-

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“8) It is submitted that the lands required for formation of SIPCOT Industrial Park in Mohanur Taluk as per the impugned G.O, all the lands stands are classified as Ryotwari dry lands alone and no wet land classification lands included in the proposed acquisition and transfer. Therefore, there is no Question of disturbing the water sources including the Karaibotan river and its passages and the water storage points and small Checkdams in the river originating in KolliHills.

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WP No.9576 of 2025

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It is submitted that with regard to the averments contained in para 3 of the affidavit are false and denied. The proposed acquisition of lands are only dry lands ad measuring 195.27.15 Hectares (482.51 acres) which do not includes any temple land or any water bodies in the Government lands involved in this project. As for Grazing grounds lands ad measuring 27.93.50 Hectares in all the 3 villages, the Government will work out alternate remedies to in among the Government poromboke lands in the nearby area for grazing purpose.”

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4.Though the maintainability issued is raised whether the petitioner has

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an authority to file the present writ petition on behalf of the Association, where the Association itself will not have any right to file the writ petition since fundamental rights of the Association is not going to get affected on account of the acquisition proposal made by the SIPCOT for establishment of industrial park, since the detailed counter has been filed by the 3rd respondent stating that the proposed acquisition of lands are only dry lands ad measuring 195.27.15 Hectares (482.51 acres) which do not includes any temple land or any water bodies in the Government lands involved in this project and as regards the Grazing grounds lands ad measuring 27.93.50 Hectares in all the three villages,

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WP No.9576 of 2025

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the Government will work out alternate remedies to in among the Government

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poromboke lands in the nearby area for grazing purpose, no indulgence needs to

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be provided to the petitioner in the present case.

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5.In view of the above, recording the statement of the 3rd respondent, this

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writ petition is disposed of. No costs. Consequently, connected miscellaneous

petition is closed.

06-11-2025

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

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WP No.9576 of 2025

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To

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1.The State Of Tamil Nadu, Rep By Additional Secretary, Industries Department, Fort St.George, Chennai-600 009.

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2.The District Collector, Namakkal District.

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3.The Special District Revenue Officer Land Acquisition SIPCOT Office, Old Vetenary College Hospital Complex, Trichy Road, Namakkal District.

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4.The State Industries Promotion Corporation, Of Tamilnadu Ltd(SIPCOT), Rep By Its Managing Director, 19-A, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.

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

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WP No.9576 of 2025

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KRISHNAN RAMASAMY J.

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rst

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WP No. 9576 of 2025 AND WMP NO. 10738 OF 2025,

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06-11-2025