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B.Krishnamoorthy. Vs. the State of Tamil Nadu and ors.

B.Krishnamoorthy vs The State of Tamil Nadu and ors.

Type Court Judgment Court Chennai Decided Jul 30, 2012
~2 min read
https://sooperkanoon.com/case/927990

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
Writ Petition No.19930 of 2012
Subject
Labour and Industrial

Case Summary

AI-generated summary - not the official court judgment text.

Labour and Industrial

Key legal issue
Labour and Industrial
Acts & sections
Tamil Nadu Acquisition of Land for Industrial Purposes Act - Section 7; Constitution of India - Articles 226,

Parties & Advocates

Appellant / Petitioner

B.Krishnamoorthy

Advocate Ms.L.Leela Raman, Adv.

Respondent

The State of Tamil Nadu and ors.

Advocate Ms.V.M.Velumani, Adv.

Legal References

Acts
Tamil Nadu Acquisition of Land for Industrial Purposes Act - Section 7; Constitution of India - Articles 226,

Excerpt

.....learned counsel takes notice for the fourth respondent. by consent, the writ petition is taken up for final disposal.3. this writ petition is filed for a mandamus to direct the respondents 1, 3 and 4 to initiate and complete the proceedings relating to determination of the amount of compensation for the land said to have been acquired under the provisions of the act 10 of 1999. it is alsothe case of the petitioner that no proper notice has been served.4. the special government pleader states that the fourth will consider the claim of the petitioner on its own merits and deal with the issue as per law.5. in view of the submission made by the leaned special government pleader, the fourth respondent is directed to consider the claim of the petitioner on its own merits and in accordance with law if such claim is justified and decide the issue either way within a period of eight weeks from the date of receipt of a copy of this order. it is made clear that this court has not expressed any opinion on the merits of the claim of the petitioner as all the relevant facts are not before this court.6. the writ petition is disposed of as above. no costs.  

Full Judgment

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1, 3 and 4 to initiate, proceed and complete the proceedings for determination of the compensation under section 7 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act (Tamil Nadu Act 10 of 1999) with respect to the acquisition of the land of the petitioner measuring 1680 square feet in Survey No.231/2A, Eraiyur village (Vaipur 'B' Block), Sriperumbudur Taluk for the SIPCOT Oragadam Expansion Scheme-II within a time to be fixed by this Court.

ORDER

1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1, 3 and 4 to initiate, proceed and complete the proceedings for determination of the compensation under section 7 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act (Tamil Nadu Act 10 of 1999) with respect to the acquisition of the land of the petitioner measuring 1680 square feet in Survey No.231/2A, Eraiyur village (Vaipur 'B' Block), Sriperumbudur Taluk for the SIPCOT Oragadam Expansion Scheme-II within a time to be fixed by this Court.

2. Ms.V.M.Velumani, learned Special Government Pleader takes notice for the respondents 1, 3 and 4. Mrs.Narmadha Sampath, learned counsel takes notice for the fourth respondent. By consent, the writ petition is taken up for final disposal.

3. This writ petition is filed for a mandamus to direct the respondents 1, 3 and 4 to initiate and complete the proceedings relating to determination of the amount of compensation for the land said to have been acquired under the provisions of the Act 10 of 1999. It is alsothe case of the petitioner that no proper notice has been served.

4. The Special Government Pleader states that the fourth will consider the claim of the petitioner on its own merits and deal with the issue as per law.

5. In view of the submission made by the leaned Special Government Pleader, the fourth respondent is directed to consider the claim of the petitioner on its own merits and in accordance with law if such claim is justified and decide the issue either way within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this court has not expressed any opinion on the merits of the claim of the petitioner as all the relevant facts are not before this Court.

6. The Writ Petition is disposed of as above. No costs.  

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