High Court · 2009

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14.12.2009CORAM:THE HONOURABLE MR.JUSTICE R.SUDHAKARW.P.No.25207 of 2004 and W.P.M.P.No.30665 of 2004Mr.K.Shanmugavel Mudaliar ... Petitioner. Vs.1.The Government of Tamil Nadu Rep. by its Secretary Transport Department, Fort St. George, Chennai – 600 009. 2.The District Collector Kancheepuram District, Kancheepuram.3.The Revenue Divisional Officer Chengalpattu.4.The Director International Airport Authority of India, Chennai – 600 027.5.The Land Acquisition Officer, Assistant collector, Saidapet Division, Chennai – 600 015. ... Respondents.PRAYER: Petition filed under Article 226 of the Constitution ofIndia praying to issue a Writ of Certiorarified Mandamus calling forthe records of the Land Acquisition proceedings R.C.11304/87Binitiated by the first respondent under section 4(1) of the LandAcquisition Act in G.O.Ms.No.193 Transport on 09.03.1988 published inthe Tamil Nadu Government Gazette dated 30.03.1988 and declarationunder Section 6 of the Land Acquisition Act in G.O.Ms.No.429Transport on 26.04.1989 published in the Tamil Nadu GovernmentGazette dated 27.04.1989 and proceedings initiated under Sec. 7 ofthe Land Acquisiton Act in Letter No.46945/89 Transport on 21.07.1989published in the Tamil Nadu Government Gazette Part II Sec.2 dated9.8.89 and Award No.3/91 passed under Section 12(2) of LandAcquisition Act on 10.4.1991 by the fifth respondent for the entireLand Acquisition proceedings and quash the same and issueconsequential direction directing the respondents to restore https://hcservices.ecourts.gov.in/hcservices/ possession and further direct the fourth respondent to vacate anddeliver the possession of land an extent of 46 cents out of 51 centscomprised in S.No.102 of Pozhichalur Village, Tambaram Taluk,Kancheepuram District to the petitioner. For Petitioner : Mr.V.ChandrakanthanFor R-1 to R-3 & R-5 : Mrs.C.K.Vishnupriya Additional Government PleaderFor R-4 : Mr.S.Venkatesan O R D E RThe writ petition has been filed praying to issue a Writ ofCertiorarified Mandamus calling for the records of the LandAcquisition proceedings R.C.11304/87B initiated by the firstrespondent under section 4(1) of the Land Acquisition Act inG.O.Ms.No.193 Transport on 09.03.1988 published in the Tamil NaduGovernment Gazette dated 30.03.1988 and declaration under Section 6of the Land Acquisition Act in G.O.Ms.No.429 Transport on 26.04.1989published in the Tamil Nadu Government Gazette dated 27.04.1989 andproceedings initiated under Section 7 of the Land Acquisition Act inLetter No.46945/89 Transport on 21.07.1989 published in the TamilNadu Government Gazette Part II Section 2 dated 9.8.89 and AwardNo.3/91 passed under Section 12(2) of Land Acquisition Act on10.4.1991 by the fifth respondent for the entire Land Acquisitionproceedings and quash the same and issue consequential directiondirecting the respondents to restore and further direct the fourthrespondent to vacate and deliver the possession of land an extent of46 cents out of 51 cents comprised in S.No.102 of PozhichalurVillage, Tambaram Taluk, Kancheepuram District to the petitioner.2.The land which is the subject matter of acquisitionbelonged to Arulmigu Agastheeswarar Temple managed by its HereditaryTrustee. On 09.03.1988 Draft Notification under Section 4(1) of theLand Acquisition Act 1894 (Central Act 1 of 1984) was approved by theGovernment of Tamil Nadu in G.O.Ms.No.193/Transport Department, dated09.03.1988, for the acquisition of a larger extent of 4.34½ acres ofland in Pozhichalur Village for the 'Extension of Madras AirportRunway'. On 25.03.1988 Draft Notification under Section 4(1) of theLand Acquisition Act was published in the Tamil Dailies, "Dinamani"and "Daily Thanthi" and thereafter published in the Tamil NaduGovernment Gazette-supplement to pat II Section 2 dated 30.03.1988.On 15.04.1988 a sum of Rs.22,00,000/- was deposited by the AirportsAuthority of India towards cost of acquisition as Work Deposit intothe Sub Treasury, Saidapet. On 30.04.1988 the substance of the 4(1)Notification was published in the locality by beat of tom-tom. On18.09.1988 notice was served on Mrs.R.S.Murugesa Mudaliar, the thenManaging Hereditary Trustee of the petitioner temple, Calling uponhim to appear for the enquiry under Section 5A of the LandAcquisition Act. On 26.09.1988, the enquiry was conducted by the https://hcservices.ecourts.gov.in/hcservices/ Land Acquisition Officer. Mr.R.S.Murugesa Mudaliar, the thenManaging Hereditary Trustee of the temple did not appear for enquiry.On 26.04.1989 Draft Declaration under Section 6 of the LandAcquisition Act was issued by the Government of Tamil Nadu inG.O.Ms.No.429 Transport Department and it was published in the TamilNadu Government Gazette on 27.04.1989. Thereafter, furtherproceedings were taken as per the provisions of the Land AcquisitionAct. On 13.03.1991 the award enquiry was conducted by the LandAcquisition Officer cum Sub Collector, Saidapet. Mr.R.S.MurugesaMudaliar, the then Manging Hereditary Trustee of the petitionertemple appeared for the enquiry and his statement was recorded.During the enquiry he did not object to the land acquisitionproceedings. On 10.04.1991, award No.3/1991 was passed by the LandAcquisition Officer in terms of Section 11 of the Land AcquisitionAct and the compensation amount of Rs.1,38,909/- for the acquisitionof 0.46 cents of the land belonging to the temple was kept in theCivil Court Deposit and the same was intimated to the trustee/templeon 16.4.1991 by way of notice under Section 12(2) of the Act. On16.05.1991 reference under Sections 30 and 31(2) of the LandAcquisition Act was sent to the Sub Court, Poonamallee, along with ademand draft for Rs.1,38,909/- being the compensation amount. On20.06.1991 the acquired land was handed over to the Airport Authorityof India. On 4.10.1995 the reference was numbered as LAOP No.50 of1995 in Sub Court, Poonamallee. 3.The above facts are culled out from the dates and eventssubmitted today by the Special Tahsildar, Airport Authority of India,Chennai Airport. The 5th respondent/Land Acquisition Officer has alsoproduced the original records and the same is verified with the datesand events as stated above and found to be correct. 4.It is not disputed that Mr.K.Shanmugavel Mudaliar, thepresent Managing Hereditary Trustee of the petitioner temple is theson of late R.S.Murugesa Mudaliar, the Managing Trustee at the timeof acquisition. The acquisition proceedings is primarily challengedon the ground that the enquiry was not conducted properly ascontemplated under the Land Acquisition Act. This plea has to berepelled, in view of factual aspects of the case as stated above.The infirmity pointed out is contrary to facts and are thereforerejected.5.The petitioner's father, the then Managing HereditaryTrustee was noticed and enquiry was conducted. The said personappeared before the Sub Collector, Saidapet in the award enquiryproceedings. During the enquiry he did not object to the acquisitionof the land. He has also been informed that the award amount ofRs.1,38,909/- was kept in Civil Court Deposit. The acquired landwas handed over to the Airport Authority on 20.6.1991 itself. Thiswrit petition filed after a lapse of 13 years stating that theproceedings were not initiated in accordance with law is therefore https://hcservices.ecourts.gov.in/hcservices/ misconceived and not sustainable. As per the records produced beforethe Court, there is no irregularity or illegality in the acquisitionproceedings.6.Finding no merits, this writ petition is dismissed.Consequently, connected miscellaneous petition is closed. It is opento the petitioner to participate in the land acquisition proceedingspending before the Sub Court, Poonmallie and agitate his rights withregard to the quantum of compensation including that of interest asapplicable under law. No costs.Sd/Asst.Registrar/true copy/Sub Asst.Registrarvsm/tsTo1. The Secretary Government of Tamil Nadu Transport Department, Fort St. George, Chennai – 600 009. 2. The District Collector Kancheepuram District, Kancheepuram.3. The Revenue Divisional Officer Chengalpattu.4. The Director International Airport Authority of India, Chennai – 600 027.5. The Land Acquisition Officer, Assistant collector, Saidapet Division, Chennai – 600 015. 1 cc To Mr.V.Chdnadrakanthan, Advocate, SR.68439.1 cc To Mr.S.Venkatesan, Advocate, SR.68377.1 cc To The Government Pleader, SR.68461.W.P.No.25207 of 2004 PUR(CO)RVL 05.02.2010