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[2/20, 11:04] Sekarreporter1: WA.Nos.348 to 350 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2021
CORAM :
The Hon’ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon’ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.Nos.348 to 350 of 2021
and C.M.P.Nos.1395, 1397 and 1398 of 2021
W.A.No.348 of 2021
1.The Chief Secretary to Government,
State Government of Tamil Nadu,
Secretariat, Fort St. George, Chennai 600 009.
2.The Secretary to Government,
Revenue Department, State Government of
Tamil Nadu, Secretariat, Fort St. George,
Chennai 600 009.
3.The Secretary to Government,
Public Works Department,
State Government of Tamil Nadu,
Secretariat, Fort St. George, Chennai 600 009.
4.The District Collector,
Chennai Collectorate, 4
th Floor,
Singaravelar Maligai, No.62, Rajaji Salai,’
Chennai 600 001.
5.The Land Acquisition Officer cum
Revenue Divisional Officer,
South Chennai Division, Guindy,
Chennai 600 032. .. Appellants
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[2/20, 11:05] Sekarreporter1: WA.Nos.348 to 350 of 2021
Appeals filed under Clause 15 of the Letters Patent against the
order dated 27.01.2021 passed in W.P.Nos.9285 and 10135 of 2020
and 1708 of 2021 and W.M.P.Nos.11319, 12319 of 2020 and 1917 of
2021 on the file of this Court.
For Appellants in
all appeals
: Mr.Vijay Narayan
Advocate-General
assisted by
Mr.V.Jayaprakash Narayanan,
State Government Pleader
and
Mr.E.Manoharan,
Special Government Pleader
For Respondents
in WA.348 of 2021
: Mr.K.V.Sundararajan
for R-1
: Mr.T.R.Senthil Kumar
Stdg. Counsel for R-2
For 1
st
respondent
in WA 349 of 2021 and
sole respondent in
WA 350 of 2021
: Mr.AR.L.Sundaresan
Sr. Counsel
for Mr.S.L.Sudarsanam
COMMON JUDGMENT
(Delivered by The Hon’ble Chief Justice)
All three appeals arise out of a common order of January 27,
2021, passed at the interim stage of proceedings under Article 226 of
the Constitution challenging acquisition proceedings initiated by the
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[2/20, 11:05] Sekarreporter1: WA.Nos.348 to 350 of 2021
State under the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013.
2. At the time when the appeal was received, an interim order
was made by virtue of which the position as to possession has been
preserved and the State has been permitted to retain the keys to the
property. The order of injunction contained in the impugned order
insofar as it restrained the access of public to the property in question,
has not been interfered with.
3. Since the relevant petition under Article 226 of the
Constitution has ripened for hearing before the learned Single Bench,
no useful purpose would be served in either proceeding with the
present appeals or expressing any further views on the matter.
4. Accordingly, W.A.Nos.348 to 350 of 2021 are disposed of by
leaving the parties free to work out their remedies before the Court of
first instance. It is made clear that any observations here will not bind
the learned Single Bench which will be entitled to proceed with the
matter in accordance with law. The interim order as modified by the
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[2/20, 11:06] Sekarreporter1: WA.Nos.348 to 350 of 2021
appellate order passed on January 29, 2021, will continue to govern
the matters till the disposal of the writ petitions.
There will be no order as to costs. Consequently,
C.M.P.Nos.1395, 1397 and 1398 of 2021 stand closed.
(S.B., CJ.) (S.K.R., J.)
19.02.2021
Index : Yes/No
sra
To
1.The Chief Secretary to Government,
State Government of Tamil Nadu,
Secretariat, Fort St. George, Chennai 600 009.
2.The Secretary to Government,
Revenue Department, State Government of
Tamil Nadu, Secretariat, Fort St. George,
Chennai 600 009.
3.The Secretary to Government,
Public Works Department,
State Government of Tamil Nadu,
Secretariat, Fort St. George, Chennai 600 009.
4.The District Collector,
Chennai Collectorate, 4
th Floor,
Singaravelar Maligai, No.62, Rajaji Salai,’
Chennai 600 001.
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