S. Paul Raj Ramasubbu v. Union of India,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2023 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and M.P.(MD).Nos.1, 1, 2, 2 of 2015 and W.M.P.(MD).Nos.6669 and 7788 of 2017 W.P.(MD).No.22641 of 2015 S.Paul Raj Ramasubbu .. Petitioner Vs.

1.Union of India, Represented by its Secretary, 26, Manslingh Road, Jaisalmer House, New Delhi - 110 011.

2.The State of Tamil Nadu, Represented by its Secretary, Fort St.George, Chennai - 9.

3.The Secretary to the Government of Tamil Nadu, Industries Department, Fort St.George, Chennai - 9.

4.The SIPCOT Limited, Represented by it's the Director, O/o. The Director, Chennai.

5.The District Collector, Madurai District, Madurai.

6.The Special Tahsildar, Land Acquisition, SIPCOT .LA, Thirumangalam, Madurai District. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Declaration, declaring that (Tamil Nadu the Act of 10 of 1999) the Tamil Nadu Acquisition of Land for industrial Purpose Act 1997 and its Amending Acts 2000 and 2005 also the rules made there under as illegal and unconditional under Article 254 of the constitutional of India as it is inconsistent and repugnant to the central Act namingly Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently declare the acquisition proceedings initiated by G.O.Ms.No.58 dated 12.06.2009 and consequential proceedings in Na.Ka.No.93561/2009/B4 dated 06.03.2010 on the file of respondent no.4 and Na.Ka.No.7205/2010/B4 dated 06.03.2010 and consequential impugned order in 93561/2009/B4 dated 06.03.2010 and Na.Ka.No.6261/2010/B4 dated 10.04.2010 and Na.Ka.No.41424/2010/B4 dated 01.07.2010 and Na.Ka.No.41424/2010/B4 dated 01.07.2010 on the file of respondent No.5 insofar as the petitioner's land in Survey Nos.290/1B, 290/1A2, 305/3A, 262/1, 261/5B, 300/2A, 256/4A1 in Sivarakottai Village, in Thirumangalam Taluk, Madurai District initiated by the respondents 3 to 6 invoking (Tamil Nadu the Act of 10 of 1999) the Tamil Nadu Acquisition of Land for industrial Purpose Act 1997 as null and void. For Petitioner : Mr.S.Rajasekar for M/s.T.Lajapathi Roy & Associates For R-2, R-3, : Mr.N.Satheesh Kumar R-5 & R-6 Additional Government Pleader For R-4 : Mr.M.Gangatharan Standing Counsel For R-1 : No appearance W.P.(MD).No.22642 of 2015 N.Deivanai .. Petitioner Vs.

1.Union of India, Represented by its Secretary, 26, Manslingh Road, Jaisalmer House, New Delhi - 110 011.

2.The State of Tamil Nadu, Represented by its Secretary, Fort St.George, Chennai - 9.

3.The Secretary to the Government of Tamil Nadu, Industries Department, Fort St.George, Chennai - 9.

4.The SIPCOT Limited, Represented by it's the Director, O/o. The Director, Chennai.

5.The District Collector, Madurai District, Madurai.

6.The Special Tahsildar, Land Acquisition, SIPCOT .LA, Thirumangalam, Madurai District. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Declaration, declaring that (Tamil Nadu the Act of 10 of 1999) the Tamil Nadu Acquisition of Land for industrial purpose Act 1997 and its Amending Acts 2000 and 2005 also the rules made there under as illegal and unconditional under Article 254 of the constitutional of India as it is inconsistent and repugnant to the central Act namingly Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently declare the acquisition proceedings initiated by G.O.Ms.No.58 dated 12.06.2009 and consequential proceedings in Na.Ka.No.44332/10/B4 dated 03.01.2011 on the file of respondent No.5 and Na.Ka.No.44332/10/B4 dated 03.01.2011 and consequential impugned order in 57965/2008/B6 dated 01.04.2013 on the file of respondent No.5 insofar as the petitioner's land in Survey Nos. 190/3B and 190/4B in Karisakalam patti Village, in Thirumangalam Taluk, Madurai District initiated by the respondents 3 to 6 invoking (Tamil Nadu the Act of 10 of 1999) the Tamil Nadu Acquisition of Land for industrial Purpose Act 1997 as null and void. For Petitioner : Mr.S.Rajasekar for M/s.T.Lajapathi Roy & Associates For R-2, R-3, : Mr.N.Satheesh Kumar R-5 & R-6 Additional Government Pleader For R-4 : Mr.M.Gangatharan Standing Counsel For R-1 : No appearance COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM,J.) In respect of the present Writ Petitions, the learned counsel appearing on behalf of the SIPCOT Limited submitted the copy of the Government Order issued in G.O.(Ms).No.268, Industries (SIPCOT-LA) Department, dated 21.12.2020, wherein, the Government dropped the entire scheme of land acquisition/alienation over an extent of 588,57.87 hectares of patta lands and 10.09.0 hectares of Government poromboke lands, totalling

598.66.87 hectares (1478.71 acres). Since the subject lands in the above Writ Petitions are covered under the Government Order issued in G.O.Ms.No.268 dated 21.12.2020, no further adjudication is required in the present Writ Petitions, as the cause lapsed.

¶2Accordingly, the Writ Petitions are dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (V.L.N.,J.)

10.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To

1.The Secretary, Union of India, 26, Manslingh Road, Jaisalmer House, New Delhi - 110 011.

2.The Secretary, The State of Tamil Nadu, Fort St.George, Chennai - 9.

3.The Secretary to the Government of Tamil Nadu, Industries Department, Fort St.George, Chennai - 9.

4.The District Collector, Madurai District, Madurai.

5.The Special Tahsildar, Land Acquisition, SIPCOT .LA, Thirumangalam, Madurai District. S.M.SUBRAMANIAM,J. and V.LAKSHMINARAYANAN,J. Lm

W.P.(MD).Nos.22641 and 22642 of 2015

10.10.2023