IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.12.2009 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.25207 of 2004 and W.P.M.P.No.30665 of 2004 Mr.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 of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the Land Acquisition proceedings R.C.11304/87B initiated by the first respondent under section 4(1) of the Land Acquisition Act in G.O.Ms.No.193 Transport on 09.03.1988 published in the Tamil Nadu Government Gazette dated 30.03.1988 and declaration under Section 6 of the Land Acquisition Act in G.O.Ms.No.429 Transport on 26.04.1989 published in the Tamil Nadu Government Gazette dated 27.04.1989 and proceedings initiated under Sec. 7 of the Land Acquisiton Act in Letter No.46945/89 Transport on 21.07.1989 published in the Tamil Nadu Government Gazette Part II Sec.2 dated 9.8.89 and Award No.3/91 passed under Section 12(2) of Land Acquisition Act on 10.4.1991 by the fifth respondent for the entire Land Acquisition proceedings and quash the same and issue consequential direction directing the respondents to restore https://hcservices.ecourts.gov.in/hcservices/ possession and further direct the fourth respondent to vacate and deliver the possession of land an extent of 46 cents out of 51 cents comprised in S.No.102 of Pozhichalur Village, Tambaram Taluk, Kancheepuram District to the petitioner. For Petitioner : Mr.V.Chandrakanthan For R-1 to R-3 & R-5 : Mrs.C.K.Vishnupriya Additional Government Pleader For R-4 : Mr.S.Venkatesan O R D E R The writ petition has been filed praying to issue a Writ of Certiorarified Mandamus calling for the records of the Land Acquisition proceedings R.C.11304/87B initiated by the first respondent under section 4(1) of the Land Acquisition Act in G.O.Ms.No.193 Transport on 09.03.1988 published in the Tamil Nadu Government Gazette dated 30.03.1988 and declaration under Section 6 of the Land Acquisition Act in G.O.Ms.No.429 Transport on 26.04.1989 published in the Tamil Nadu Government Gazette dated 27.04.1989 and proceedings initiated under Section 7 of the Land Acquisition Act in Letter No.46945/89 Transport on 21.07.1989 published in the Tamil Nadu Government Gazette Part II Section 2 dated 9.8.89 and Award No.3/91 passed under Section 12(2) of Land Acquisition Act on 10.4.1991 by the fifth respondent for the entire Land Acquisition proceedings and quash the same and issue consequential direction directing the respondents to restore and further direct the fourth respondent to vacate and deliver the possession of land an extent of 46 cents out of 51 cents comprised in S.No.102 of Pozhichalur Village, Tambaram Taluk, Kancheepuram District to the petitioner. 2.The land which is the subject matter of acquisition belonged to Arulmigu Agastheeswarar Temple managed by its Hereditary Trustee. On 09.03.1988 Draft Notification under Section 4(1) of the Land Acquisition Act 1894 (Central Act 1 of 1984) was approved by the Government of Tamil Nadu in G.O.Ms.No.193/Transport Department, dated 09.03.1988, for the acquisition of a larger extent of 4.34½ acres of land in Pozhichalur Village for the 'Extension of Madras Airport Runway'. On 25.03.1988 Draft Notification under Section 4(1) of the Land Acquisition Act was published in the Tamil Dailies, "Dinamani" and "Daily Thanthi" and thereafter published in the Tamil Nadu Government 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 Airports Authority of India towards cost of acquisition as Work Deposit into the Sub Treasury, Saidapet. On 30.04.1988 the substance of the 4(1) Notification was published in the locality by beat of tom-tom. On 18.09.1988 notice was served on Mrs.R.S.Murugesa Mudaliar, the then Managing Hereditary Trustee of the petitioner temple, Calling upon him to appear for the enquiry under Section 5A of the Land Acquisition 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 then Managing Hereditary Trustee of the temple did not appear for enquiry. On 26.04.1989 Draft Declaration under Section 6 of the Land Acquisition Act was issued by the Government of Tamil Nadu in G.O.Ms.No.429 Transport Department and it was published in the Tamil Nadu Government Gazette on 27.04.1989. Thereafter, further proceedings were taken as per the provisions of the Land Acquisition Act. On 13.03.1991 the award enquiry was conducted by the Land Acquisition Officer cum Sub Collector, Saidapet. Mr.R.S.Murugesa Mudaliar, the then Manging Hereditary Trustee of the petitioner temple appeared for the enquiry and his statement was recorded. During the enquiry he did not object to the land acquisition proceedings. On 10.04.1991, award No.3/1991 was passed by the Land Acquisition Officer in terms of Section 11 of the Land Acquisition Act and the compensation amount of Rs.1,38,909/- for the acquisition of 0.46 cents of the land belonging to the temple was kept in the Civil Court Deposit and the same was intimated to the trustee/temple on 16.4.1991 by way of notice under Section 12(2) of the Act. On 16.05.1991 reference under Sections 30 and 31(2) of the Land Acquisition Act was sent to the Sub Court, Poonamallee, along with a demand draft for Rs.1,38,909/- being the compensation amount. On 20.06.1991 the acquired land was handed over to the Airport Authority of India. On 4.10.1995 the reference was numbered as LAOP No.50 of 1995 in Sub Court, Poonamallee. 3.The above facts are culled out from the dates and events submitted today by the Special Tahsildar, Airport Authority of India, Chennai Airport. The 5th respondent/Land Acquisition Officer has also produced the original records and the same is verified with the dates and events as stated above and found to be correct. 4.It is not disputed that Mr.K.Shanmugavel Mudaliar, the present Managing Hereditary Trustee of the petitioner temple is the son of late R.S.Murugesa Mudaliar, the Managing Trustee at the time of acquisition. The acquisition proceedings is primarily challenged on the ground that the enquiry was not conducted properly as contemplated under the Land Acquisition Act. This plea has to be repelled, in view of factual aspects of the case as stated above. The infirmity pointed out is contrary to facts and are therefore rejected. 5.The petitioner's father, the then Managing Hereditary Trustee was noticed and enquiry was conducted. The said person appeared before the Sub Collector, Saidapet in the award enquiry proceedings. During the enquiry he did not object to the acquisition of the land. He has also been informed that the award amount of Rs.1,38,909/- was kept in Civil Court Deposit. The acquired land was handed over to the Airport Authority on 20.6.1991 itself. This writ petition filed after a lapse of 13 years stating that the proceedings were not initiated in accordance with law is therefore https://hcservices.ecourts.gov.in/hcservices/ misconceived and not sustainable. As per the records produced before the Court, there is no irregularity or illegality in the acquisition proceedings. 6.Finding no merits, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. It is open to the petitioner to participate in the land acquisition proceedings pending before the Sub Court, Poonmallie and agitate his rights with regard to the quantum of compensation including that of interest as applicable under law. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar vsm/ts To 1. 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 https://hcservices.ecourts.gov.in/hcservices/