T.Sermalingam, Vs Government of Tamil Nadu

Prayer: This writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the 1st and 2nd respondents to de-notify the Survey No. 213/7, wrongly included in the place of Survey No. 213/6 of Kollar Village, Tindivanam Taluk, Villupuram, District in Tamil Nadu Government Gazette No.84 dated 28.03.2013.

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For Petitioner(s): Ms.V.Srimathi For Respondent(s): Mr.C.Gauthamaraj, Government Advocate

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

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WP No. 18769 of 2023

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ORDER

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This writ petition is filed to direct the respondents 1 and 2 to de-notify the S.No.213/7 which was wrongly included in the place of S.No.213/6 of Kollar Village, Tindivanam Taluk, Villupuram District in Tamil Nadu Government Gazette No.84 dated 28.03.2013.

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The learned counsel for the petitioner would submit that the petitioner is the owner of the properties situated in Kollar Village, Tindivanam District comprised in S.Nos.213/1, 213/5, 213/6 and 213/7. The Government has invoked the provisions of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997. Notifications were published in the Tamil Nadu Government Gazette in Nos.59 and 84 on 05.03.2013 and 28.03.2013 respectively.

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Subsequently a portion of the petitioner’s properties namely S.Nos.213/1, 213/5 and 213/7 were acquired by the Government. While the acquisition had taken place, the kalam which is located in S.No.213/7 was left intact and S.No.213/6 was identified for acquisition purposes. However, when the notification was issued S.No.213/6 was not notified. Hence, on 07.02.2011, the petitioner has raised an objection requesting the exclusion of S.No.213/7 and inclusion of S.No.213/6 since it is essentially required for the purpose of

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

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WP No. 18769 of 2023

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cultivation. Though several representations have been made by the petitioner seeking to release S.No.213/7 from acquisition proceedings, however, the same have been rejected. Hence, the present writ petition has been filed seeking the aforesaid relief.

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The learned Government Advocate appearing for the respondents submits that the respondents have acquired only the properties comprised in S.Nos.213/1, 213/5 and 213/6 and not 213/7. He fairly submits that for the purpose of ascertaining the actual status of possession, namely whether the respondents are in possession of the land in S.Nos.213/7 or 213/6, a survey will be conducted and appropriate orders will thereafter be passed.

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Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

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In view of the fair submission made by the learned Government Advocate appearing for the respondent, this Court directs the third respondent to conduct a survey and pass appropriate orders within a period of twelve (12) weeks from the date of receipt of a copy of this order. In the event that the respondents are found to be in possession of the property in S.No.213/6, certainly the respondent is supposed to notify the property in S.No.213/6 as

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

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WP No. 18769 of 2023

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“occupied” and de-notify the property in S.No.213/7 as “wrongly included” in

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the Tamil Nadu Government Gazette No.84 dated 28.03.2013.

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