High Court · 2025

WP No. 6506 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-03-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHWP No. 6506 of 2025ANDWMP NO. 7164 OF 20251. KALIYAPERUMALS/o.Periyasamy, No.102, Mariamman Koil Street, Zamin Periyur, Alathur Taluk, Perambalur District-621 713.2.S.AmuthaW/o.Kaliyaperumal, No.102, Mariamman Koil Street, Zamin Periyur, Alathur Taluk, Perambalur District-621 713.Petitioner(s)Vs1. The District CollectorCollector Office, Perambalur District, Perambalur-621 212.2.The Land Acquisition OfficerCum Reveneu Divisional Officer, Office Of The Revenue Divisional Office, Perambalur https://www.mhc.tn.gov.in/judis WP No. 6506 of 2025Respondent(s) PRAYERWrit petition filed under Article 226 of Constitution of India for issuance of writ of Certiorarified mandamus to call for the records in Na.Ka. A7/ 5888/ 2014 dated 31.07.2023 of the 2nd respondent and quash the same and consequently direct the respondents to consider the petitioners request for realignment of the proposed branch canals in the petitioners land in S.No.64/1, Pujangarayanallur Village Alathur Taluk, Perambalur District. For Petitioner(s):K.KrishnamoorthyFor Respondent(s):Mr.A.Selvendran SGP Takes Notice For RespondentsORDERThis writ petition has been filed challenging the proceedings dated 31.07.2023 issued by the 2nd respondent and for a consequential direction to the respondents to consider the request made by the petitioner for re-alignment of the proposed branch canals in the petitioner's land in S.No.64/1.2.When the matter was taken up for hearing, the learned Additional Government Pleader produced the written instructions from the 2nd respondent. The report submitted by the 2nd respondent is extracted hereunder :- https://www.mhc.tn.gov.in/judis WP No. 6506 of 20252) In Perambalur District, Kottarai Reservoir and the Main canals along with Branch canals are under construction by the Water Resource Department of Tamil Nadu (WRD) in Marudhaiyaru River basin of Kottarai Village of Alathurtaluk. For this project G.O (Ms) No 57 Public Works (N2) Department Dated, 12.02.2016 obtained to acquire an extent of 893.39 Acres of the Patta Lands through Private Negotiation comprising Kottarai, Sathanur, Adhanur (South), Adhanur (North), Koothur, Gudalore Thondapadi and Bujangarayanallur Villages. All the necessary Patta lands for the Reservoir Tank area, Bund area and Main canals 766.87 Acres has been acquired through the G.O above mentioned.3) Even though the process of acquiring the patta lands by District Level private Negotiation and registering under the name "Public Works Department-Marudhaiyaru" was initiated in the year 2017-2018, some of the patta holders for the Branch Canal projects in Bujangarayanallur Village not expressed the willingness to register the deed. Since the acquisition process getting delayed under the Private Negotiation process, 15.97.00 hectare in Bujangarayanallur and some other patta lands totally measuring 51.22.53 hectares (126.53 acres) which are not completed under the private negotiations process have been collectively taken up under the The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. https://www.mhc.tn.gov.in/judis WP No. 6506 of 20254) In these cirumstances above, the Petitioner Thiru. Kaliyaperumal, S/o. Periyasamy, well aware of the Bujangarayanallur Branch canal Land Plan of Requistion Body and the Private Negotiation activities of Land Acquisition Officer under the G.O (Ms) No 57 Public Works (N2) Department Dated, 12.02.2016, had constructed a bore well in his land S F No 64/10.76.5, where the partof the land. comes under the acquisition process. Since 2016 it is proposed to acquire 0.07.0 ares from the above land parcel for the 12 meter width canal work. However in response to the Thiru.Kaliyaperumal's continued petitions the Requisition Body presented a Revised LPS for the above particular field with a contraction of canal width from 12 meters to 10 meters resulting an 0.05.00 ares acquisition. As per the Revised LPS a preliminary Notification U/s 11(1) of the RFCTLARR Act, 2013 has been published on 15.04.2023.5) The Petitioner Thiru. Kaliyaperumal, S/o. Periyasamyagain submitted a Petition before the Land Acquisition Officer on 24.04.2023, requesting change of direction of the proposed canal in his land. The Land Acquisition Officer / Revenue Divisional Officer, Perambalur received the report of Requisition Body as follows After getting the due approval of farmers and the public concerned, the Government order has been received for acquisition of land for construction of branch canal's of Kottarai reservoir and the project comes under implementation. Also, the proposed branch canal No. 11 passes through Survey No 64/1. It is informed that the proposed course and alignment of the branch canal cannot be changed as 198.09 acres of agricultural land in Bujangarayanallur village will be irrigated through https://www.mhc.tn.gov.in/judis WP No. 6506 of 2025this branch canal.The Land Acquisition Officer / Revenue Divisional Officer, Perambalur conducted enquiry and summarily rejected the objection of the Petitioner through the Proceedings Rc. No A4/5888/2014 Dated:31.07.2023.6) In this regard, I wish to inform that due to the following reasons for the proposed course and alignment of the Branch Canals cannot be altered.1) The Bhujangarayanallur Branch canal No. 11 which is going to pass through the Petitioner's field No. 64/1 of Bujangarayanallur village going to provide Irrigation to 198.09 acres of agricultural land in Bujangarayanallur village.)The Final notification U/s 19(2) of the RFCTLARR Act, 2013 has been published on 12.09.2023 and the the entire Project on the verge of pronouncement of Final Award including the 15.97.00 hectares of land in Bujangarayanallur village. Any deviation in the current proposed course of Branch Canal will jeopardize concluded Land Acquisition process and unnecessarily delay the entire irrigation project for the Public.i) To alleviate the aggrieved Petitioner the current width of the canal has been reduced from 12 meters to 10 meters in the Petitioners land which resulting an 0,05.00 ares acquisition with Fair Compensation.iv) The Joint Inspection conducted by the Land Acquisition Officer / Sub Collector, Perambalur along with the Requisition Body on 05.12.2024 which assured the Petitoner that the Borewell will not be affected by the Branch canal with the current proposed width. https://www.mhc.tn.gov.in/judis WP No. 6506 of 20253.On carefully reading the above report, it is made clear that the bore well belonging to the petitioner will not be affected by the branch canal. Hence, the report sufficiently takes care of the grievance expressed by the petitioner and recording the same, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.14-03-2025rkaIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo1.The District CollectorCollector Office, Perambalur District, Perambalur-621 212.2.The Land Acquisition OfficerCum Reveneu Divisional Officer, Office Of The Revenue Divisional Office, Perambalur https://www.mhc.tn.gov.in/judis WP No. 6506 of 2025 https://www.mhc.tn.gov.in/judis WP No. 6506 of 2025N.ANAND VENKATESH J.rkaWP No. 6506 of 2025WMP NO. 7164 OF 202514-03-2025

WP No. 6506 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-03-2025CORAMTHE HONOURABLE MR JUSTICE N. ANAND VENKATESHWP No. 6506 of 2025ANDWMP NO. 7164 OF 20251. KALIYAPERUMALS/o.Periyasamy, No.102, Mariamman Koil Street, Zamin Periyur, Alathur Taluk, Perambalur District-621 713.2.S.AmuthaW/o.Kaliyaperumal, No.102, Mariamman Koil Street, Zamin Periyur, Alathur Taluk, Perambalur District-621 713.Petitioner(s)Vs1. The District CollectorCollector Office, Perambalur District, Perambalur-621 212.2.The Land Acquisition OfficerCum Reveneu Divisional Officer, Office Of The Revenue Divisional Office, Perambalur https://www.mhc.tn.gov.in/judis WP No. 6506 of 2025Respondent(s) PRAYERWrit petition filed under Article 226 of Constitution of India for issuance of writ of Certiorarified mandamus to call for the records in Na.Ka. A7/ 5888/ 2014 dated 31.07.2023 of the 2nd respondent and quash the same and consequently direct the respondents to consider the petitioners request for realignment of the proposed branch canals in the petitioners land in S.No.64/1, Pujangarayanallur Village Alathur Taluk, Perambalur District. For Petitioner(s):K.KrishnamoorthyFor Respondent(s):Mr.A.Selvendran SGP Takes Notice For RespondentsORDERThis writ petition has been filed challenging the proceedings dated 31.07.2023 issued by the 2nd respondent and for a consequential direction to the respondents to consider the request made by the petitioner for re-alignment of the proposed branch canals in the petitioner's land in S.No.64/1.2.When the matter was taken up for hearing, the learned Additional Government Pleader produced the written instructions from the 2nd respondent. The report submitted by the 2nd respondent is extracted hereunder :- https://www.mhc.tn.gov.in/judis WP No. 6506 of 20252) In Perambalur District, Kottarai Reservoir and the Main canals along with Branch canals are under construction by the Water Resource Department of Tamil Nadu (WRD) in Marudhaiyaru River basin of Kottarai Village of Alathurtaluk. For this project G.O (Ms) No 57 Public Works (N2) Department Dated, 12.02.2016 obtained to acquire an extent of 893.39 Acres of the Patta Lands through Private Negotiation comprising Kottarai, Sathanur, Adhanur (South), Adhanur (North), Koothur, Gudalore Thondapadi and Bujangarayanallur Villages. All the necessary Patta lands for the Reservoir Tank area, Bund area and Main canals 766.87 Acres has been acquired through the G.O above mentioned.3) Even though the process of acquiring the patta lands by District Level private Negotiation and registering under the name "Public Works Department-Marudhaiyaru" was initiated in the year 2017-2018, some of the patta holders for the Branch Canal projects in Bujangarayanallur Village not expressed the willingness to register the deed. Since the acquisition process getting delayed under the Private Negotiation process, 15.97.00 hectare in Bujangarayanallur and some other patta lands totally measuring 51.22.53 hectares (126.53 acres) which are not completed under the private negotiations process have been collectively taken up under the The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. https://www.mhc.tn.gov.in/judis WP No. 6506 of 20254) In these cirumstances above, the Petitioner Thiru. Kaliyaperumal, S/o. Periyasamy, well aware of the Bujangarayanallur Branch canal Land Plan of Requistion Body and the Private Negotiation activities of Land Acquisition Officer under the G.O (Ms) No 57 Public Works (N2) Department Dated, 12.02.2016, had constructed a bore well in his land S F No 64/10.76.5, where the partof the land. comes under the acquisition process. Since 2016 it is proposed to acquire 0.07.0 ares from the above land parcel for the 12 meter width canal work. However in response to the Thiru.Kaliyaperumal's continued petitions the Requisition Body presented a Revised LPS for the above particular field with a contraction of canal width from 12 meters to 10 meters resulting an 0.05.00 ares acquisition. As per the Revised LPS a preliminary Notification U/s 11(1) of the RFCTLARR Act, 2013 has been published on 15.04.2023.5) The Petitioner Thiru. Kaliyaperumal, S/o. Periyasamyagain submitted a Petition before the Land Acquisition Officer on 24.04.2023, requesting change of direction of the proposed canal in his land. The Land Acquisition Officer / Revenue Divisional Officer, Perambalur received the report of Requisition Body as follows After getting the due approval of farmers and the public concerned, the Government order has been received for acquisition of land for construction of branch canal's of Kottarai reservoir and the project comes under implementation. Also, the proposed branch canal No. 11 passes through Survey No 64/1. It is informed that the proposed course and alignment of the branch canal cannot be changed as 198.09 acres of agricultural land in Bujangarayanallur village will be irrigated through https://www.mhc.tn.gov.in/judis WP No. 6506 of 2025this branch canal.The Land Acquisition Officer / Revenue Divisional Officer, Perambalur conducted enquiry and summarily rejected the objection of the Petitioner through the Proceedings Rc. No A4/5888/2014 Dated:31.07.2023.6) In this regard, I wish to inform that due to the following reasons for the proposed course and alignment of the Branch Canals cannot be altered.1) The Bhujangarayanallur Branch canal No. 11 which is going to pass through the Petitioner's field No. 64/1 of Bujangarayanallur village going to provide Irrigation to 198.09 acres of agricultural land in Bujangarayanallur village.)The Final notification U/s 19(2) of the RFCTLARR Act, 2013 has been published on 12.09.2023 and the the entire Project on the verge of pronouncement of Final Award including the 15.97.00 hectares of land in Bujangarayanallur village. Any deviation in the current proposed course of Branch Canal will jeopardize concluded Land Acquisition process and unnecessarily delay the entire irrigation project for the Public.i) To alleviate the aggrieved Petitioner the current width of the canal has been reduced from 12 meters to 10 meters in the Petitioners land which resulting an 0,05.00 ares acquisition with Fair Compensation.iv) The Joint Inspection conducted by the Land Acquisition Officer / Sub Collector, Perambalur along with the Requisition Body on 05.12.2024 which assured the Petitoner that the Borewell will not be affected by the Branch canal with the current proposed width. https://www.mhc.tn.gov.in/judis WP No. 6506 of 20253.On carefully reading the above report, it is made clear that the bore well belonging to the petitioner will not be affected by the branch canal. Hence, the report sufficiently takes care of the grievance expressed by the petitioner and recording the same, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.14-03-2025rkaIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo1.The District CollectorCollector Office, Perambalur District, Perambalur-621 212.2.The Land Acquisition OfficerCum Reveneu Divisional Officer, Office Of The Revenue Divisional Office, Perambalur https://www.mhc.tn.gov.in/judis WP No. 6506 of 2025 https://www.mhc.tn.gov.in/judis WP No. 6506 of 2025N.ANAND VENKATESH J.rkaWP No. 6506 of 2025WMP NO. 7164 OF 202514-03-2025