High Court · 2025

W.P.No.27753 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.11.2025CORAMThe HONOURABLE MR.JUSTICE KRISHNAN RAMASAMYWrit Petition No.27753 of 2025andWMP.Nos.31092 and 31094 of 2025M/s Vallalar Textiles Private Limited,Represented by its Managing Director, V. Deivasigamani, 184, Sathy Road, A. Mettupalayam Post, Annur 641 653, Coimbatore District, Tamil Nadu. ...PetitionerVs.1. The Union Of India,Representd by the Secretary, Ministry Of Road Transport and Highways, Transport Bhawan, 1, Parliament Street, New Delhi – 110 001.2.The Competent Authority (Land Acquisition), CumDistrict Revenue Officer, Door No. 3 , Savaimatuhu Chettiyar 1/9 https://www.mhc.tn.gov.in/judis W.P.No.27753 of 2025Street, Red Fields, Coimbatore 641 045.3. The Chief Engineer, Highways Department, Govt. of Tamil Nadu, Chepauk, Chennai-600 005.4. The Divisional Engineer, National Highways Department, Park Gate Road, Coimbatore- 641 018.5. The Director General, Tamil Nadu Highways Department, 76, Sardar Patel Road, Guindy, Chennai- 600 025.6. The District Collector, Coimbatore District, Collectorate Building, Coimbatore- 641 018. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorari to call for records pertaining to the Gazette Notification ref no. CG-DL-E-13022025-260967 dated 12.02.2025, and to quash the same.2/9 https://www.mhc.tn.gov.in/judis W.P.No.27753 of 2025For Petitioner : Mr.GK.Muthukumar Assisted by Mr.ArunkumarFor Respondents : Mr.M.Maharaja (R1) Senior Panel Counsel Mr.P.Sathish (R2, R5, R6 and R3) Mrs.S.R.Sumathy(R4) Standing Counsel *** O R D E RThis Writ Petition has been filed challenging the Gazette Notification issued by the Respondents dated 12.02.2025 and to quash the same.2. The learned counsel for the petitioner would submit that the Petitioner is a Textile Mill incorporated during December 2005 and the Petitioner has invested approximately Rs.30 crores for its business, for which he has obtained bank loan for a sum of Rs.10 crores and approximately 120 workers are working in the Petitioner- Textile Mill. While so, the Respondents issued the aforesaid Gazette Notification dated 12.02.2025, proposing acquisition of lands for National Highway Project. According to the said Notification, 1.97 acres of land belonging to the Petitioner is sought to be acquired. 3/9 https://www.mhc.tn.gov.in/judis W.P.No.27753 of 20252.1. Further, he would submit that the proposed acquisition would result in the demolition of a significant portion of the Petitioner- Factory building, directly affecting its operational infrastructure. As a result, the Petitioner-Textile Mill, which operates with an investment of approximately Rs.30 crores would be rendered non-operational and the Petitioner has to close down its business. Due to which, the workers working in the Petitioner-Textile Mill have to lose their employment. Therefore, he would submit that the proposed acquisition would not only result in financial loss to the petitioner, but also would affect the liverlihood of the workers and their families. In this regard, the petitioner submitted its objections by way of representation on 25.02.2025 to the Land Acquisition Authorities. In the said representation, the Petitioner has suggested the authorities to acquire the adjacent vacant land of the petitioner instead of acquiring the land with the constructed building which is currently in use by the Petitioner for manufacturing purposes. But, without considering the same, the Respondents are proceeding with the land acquisition proceedings. Hence, this petition. 4/9 https://www.mhc.tn.gov.in/judis W.P.No.27753 of 20253. The learned Senior Panel Counsel, appearing for the 1st respondent, the Additional Government Pleader appearing for the 2nd responent as well as the learned Senior Standing Counsel appearing for 4th respondent would submit that the proposed acquisition is in the initial process and the representation made by the petitioner is under consideration. Further, they would fairly submit that the request of the Petitioner would be considered and appropriate orders would be passed by the Respondents in accordance with law. 5. Heard both sides. Perused the records.6. In the case on hand, by way of Gazettee Notification dated 12.02.2025, 1.97 acres of land belonging to the Petitioner is sought to be acquired by the Respondents for National Highway Project. The grievance of the petitioner is that the proposed acquisition would result in the demolition of a significant portion of the Factory building, which will affect its operational infrastructure. As a result, the Petitioner-Textile Mill, which 5/9 https://www.mhc.tn.gov.in/judis W.P.No.27753 of 2025operates with an investment of approximately Rs.30 crores would be rendered non-operational and the Petitioner has to close down its business. As a consequence, the bank loan obtained by the petitioner to the tune of Rs.10 crores will remain unsettled. That apart, the workers working in the Petitioner-Textile Mill have to lose their employment which will severely affect the liverlihood of the workers and their families and the same could not be compensated. 7.Such being the case, as contended by the learned counsel for the Respondents that the acquisition is in initial process and as the Petitioner has come forward to give its land situated adjacent to the Factory building, by explaining the serious consequence of the proposed acquisition to the Respondents by the petitioner by way of representation, this Court is of the view that it is not a serious matter for the Respondents to make re-alignment in this initial stage of acquisition and it will also save the money of the Respondents substantially. 6/9 https://www.mhc.tn.gov.in/judis W.P.No.27753 of 20258. In such view of the matter, the respondents are directed to consider the plea of the petitioner and shall make re-alignment to the extent possible, by taking into consideration of the livelihood of 120 families and the financial loss that will be caused to the respondent, as the petitioner spent about Rs.30 crores for the construction of the factory building, in case of proposed acquisition.Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 06.11.2025Index : Yes / No Neutral Citation: Yes / No Speaking Order : Yes / No arr7/9 https://www.mhc.tn.gov.in/judis W.P.No.27753 of 2025To1. The Union Of India,Representd by the Secretary, Ministry Of Road Transport and Highways, Transport Bhawan, 1, Parliament Street, New Delhi – 110 001.2.The Competent Authority (Land Acquisition), CumDistrict Revenue Officer, Door No. 3 , Savaimatuhu Chettiyar Street, Red Fields, Coimbatore 641 045.3. The Chief Engineer, Highways Department, Govt. of Tamil Nadu, Chepauk, Chennai-600 005.4. The Divisional Engineer, National Highways Department, Park Gate Road, Coimbatore- 641 018.5. The Director General, Tamil Nadu Highways Department, 76, Sardar Patel Road, Guindy, Chennai- 600 025.6. The District Collector, Coimbatore District, Collectorate Building, Coimbatore- 641 018. 8/9 https://www.mhc.tn.gov.in/judis W.P.No.27753 of 2025 KRISHNAN RAMASAMY, J.arrWrit Petition No.27753 of 202506.11.20259/9