w w w . L a w y e r S e r v i c e s . i n



Vimal Kumar v/s The State of Tamil Nadu, Rep. by its Secretary/Industries Department, Chennai & Others


Company & Directors' Information:- T T G INDUSTRIES LIMITED [Active] CIN = U27209TN1987PLC014169

Company & Directors' Information:- V I P INDUSTRIES LIMITED [Active] CIN = L25200MH1968PLC013914

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U14100DL1996PLC129067

Company & Directors' Information:- S R INDUSTRIES LTD [Active] CIN = L29246PB1989PLC009531

Company & Directors' Information:- K L R INDUSTRIES LIMITED [Active] CIN = U28939TG2002PLC038416

Company & Directors' Information:- T S I INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U18101HR1997PTC034478

Company & Directors' Information:- B L A INDUSTRIES PRIVATE LIMITED. [Active] CIN = U10200MH1964PTC162314

Company & Directors' Information:- R B T INDUSTRIES LIMITED [Active] CIN = U24118UP1990PLC011820

Company & Directors' Information:- H G I INDUSTRIES LIMITED [Active] CIN = L40200WB1944PLC011754

Company & Directors' Information:- D D INDUSTRIES LIMITED [Active] CIN = U74899DL1974PLC007169

Company & Directors' Information:- H. J. INDUSTRIES (INDIA) PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC060769

Company & Directors' Information:- S KUMAR INDUSTRIES LIMITED [Active] CIN = U30009GJ1988PLC010840

Company & Directors' Information:- G R S INDUSTRIES LIMITED [Active] CIN = U00000PB2005PLC029159

Company & Directors' Information:- T S L INDUSTRIES LIMITED [Active] CIN = L65999WB1994PLC065255

Company & Directors' Information:- V S P INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011820

Company & Directors' Information:- M N INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100TG2012PTC079737

Company & Directors' Information:- G I INDUSTRIES PRIVATE LIMITED [Active] CIN = U15312PB2010PTC033806

Company & Directors' Information:- E A P INDUSTRIES LTD [Active] CIN = U25206WB1956PLC023072

Company & Directors' Information:- S R V E INDUSTRIES LIMITED [Active] CIN = U03210TZ2006PLC012577

Company & Directors' Information:- P AND P INDUSTRIES LIMITED [Strike Off] CIN = U21010MH1992PLC068885

Company & Directors' Information:- N G INDUSTRIES LTD [Active] CIN = L74140WB1994PLC065937

Company & Directors' Information:- AMP INDUSTRIES LIMITED [Active] CIN = L51909AS1985PLC002332

Company & Directors' Information:- T R A T INDUSTRIES LIMITED [Active] CIN = U25199KL1996PLC010148

Company & Directors' Information:- B R INDUSTRIES LIMITED [Active] CIN = U74899DL1995PLC067120

Company & Directors' Information:- S N L INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U17115RJ1994PTC008053

Company & Directors' Information:- J V INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057081

Company & Directors' Information:- D V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049221

Company & Directors' Information:- G V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1980PTC006887

Company & Directors' Information:- C D INDUSTRIES LIMITED [Active] CIN = U27100MH1996PLC101277

Company & Directors' Information:- G S M INDUSTRIES PRIVATE LIMITED [Active] CIN = U02001DL2002PTC117443

Company & Directors' Information:- L C INDUSTRIES PRIVATE LIMITED [Active] CIN = U15122UP2013PTC055697

Company & Directors' Information:- R M G INDUSTRIES PRIVATE LIMITED [Active] CIN = U18100TG1993PTC016220

Company & Directors' Information:- I W D W INDUSTRIES LTD. [Strike Off] CIN = U30099WB1990PLC050177

Company & Directors' Information:- M K J INDUSTRIES PRIVATE LIMITED [Active] CIN = U19111UP1989PTC010468

Company & Directors' Information:- P B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29120MP1994PTC008840

Company & Directors' Information:- A AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17117DL1995PTC064137

Company & Directors' Information:- M C INDUSTRIES LTD [Active] CIN = U27106WB1993PLC058995

Company & Directors' Information:- D R INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100WB2011PTC160058

Company & Directors' Information:- R. L. F. INDUSTRIES LIMITED [Active] CIN = U51909DL1983PLC015262

Company & Directors' Information:- M G I INDUSTRIES PVT LTD [Active] CIN = U27310GJ2006PTC048707

Company & Directors' Information:- A D INDUSTRIES PRIVATE LIMITED [Active] CIN = U18101WB2008PTC131561

Company & Directors' Information:- G R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U34300PB1996PTC018671

Company & Directors' Information:- M. K. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15549WB2008PTC130116

Company & Directors' Information:- R S V INDUSTRIES PRIVATE LIMITED [Active] CIN = U52399MH2008PTC180489

Company & Directors' Information:- K. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U14220JH2008PTC013409

Company & Directors' Information:- D K INDUSTRIES LIMITED [Active] CIN = U45202CH1994PLC014627

Company & Directors' Information:- R K S INDUSTRIES PRIVATE LIMITED [Active] CIN = U20211WB1997PTC086009

Company & Directors' Information:- D G INDUSTRIES PVT LTD [Active] CIN = U36942WB1946PTC013526

Company & Directors' Information:- I S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29100GJ2009PTC057308

Company & Directors' Information:- R V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC006398

Company & Directors' Information:- A J INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2004PTC145040

Company & Directors' Information:- VIMAL INDUSTRIES PRIVATE LIMITED [Active] CIN = U74999DL1994PTC058879

Company & Directors' Information:- S. A. A INDUSTRIES PRIVATE LIMITED [Active] CIN = U01549TZ1997PTC007927

Company & Directors' Information:- C R I INDUSTRIES PRIVATE LIMITED [Amalgamated] CIN = U29120TZ2002PTC010129

Company & Directors' Information:- S D B INDUSTRIES LIMITED [Active] CIN = U27107MP1996PLC010394

Company & Directors' Information:- A C INDUSTRIES PVT LTD [Active] CIN = U29299WB2006PTC109474

Company & Directors' Information:- K M INDUSTRIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74899DL1991PTC043295

Company & Directors' Information:- J. L. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29141MP2008PTC020731

Company & Directors' Information:- H. D. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U27310MH2011PTC216080

Company & Directors' Information:- R. D. G. INDUSTRIES PRIVATE LIMITED [Active] CIN = U26960DL2008PTC182480

Company & Directors' Information:- H & H INDUSTRIES PRIVATE LIMITED [Active] CIN = U34100DL2010PTC204604

Company & Directors' Information:- M J INDUSTRIES PRIVATE LIMITED [Active] CIN = U15203KA2011PTC060675

Company & Directors' Information:- B R V INDUSTRIES PRIVATE LIMITED [Active] CIN = U32301UP1995PTC018704

Company & Directors' Information:- I P M INDUSTRIES LIMITED [Active] CIN = U25200DL1995PLC068554

Company & Directors' Information:- R D I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC065508

Company & Directors' Information:- J G INDUSTRIES LTD [Active] CIN = L15141WB1983PLC035931

Company & Directors' Information:- K G INDUSTRIES PVT LTD [Active] CIN = U29130WB1951PTC019868

Company & Directors' Information:- N S INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120UP2012PTC053986

Company & Directors' Information:- D U INDUSTRIES PRIVATE LIMITED [Active] CIN = U29230GJ2016PTC091588

Company & Directors' Information:- B V R INDUSTRIES PRIVATE LIMITED [Active] CIN = U28999CT2020PTC010570

Company & Directors' Information:- A T C INDUSTRIES LTD [Strike Off] CIN = U27109AS1984PLC002201

Company & Directors' Information:- N V INDUSTRIES PVT LTD [Active] CIN = U51909WB1953PTC020952

Company & Directors' Information:- A TO Z INDUSTRIES PVT LTD [Strike Off] CIN = U31908AS1987PTC002804

Company & Directors' Information:- K S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31909MH1960PTC011707

Company & Directors' Information:- R K I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29190DL2012PTC233413

Company & Directors' Information:- R K INDUSTRIES PVT LTD [Strike Off] CIN = U25202AS1988PTC003132

Company & Directors' Information:- S G R INDUSTRIES PVT LTD [Strike Off] CIN = U25199WB1948PTC016397

Company & Directors' Information:- KUMAR INDUSTRIES PRIVATE LIMITED [Active] CIN = U35911UP1957PTC002656

Company & Directors' Information:- Y K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19115UP2012PTC051151

Company & Directors' Information:- V I INDUSTRIES LTD [Strike Off] CIN = U36934WB1951PLC019890

Company & Directors' Information:- VIMAL INDIA PRIVATE LIMITED [Strike Off] CIN = U24231DL1999PTC099648

Company & Directors' Information:- J M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U05002UP1952PTC002456

Company & Directors' Information:- L F INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291UP2015PTC068602

Company & Directors' Information:- V M V INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U26990GJ2013PTC076945

Company & Directors' Information:- S P INDUSTRIES PVT LTD [Strike Off] CIN = U20232AS1980PTC001853

Company & Directors' Information:- V N R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U21090AP2012PTC081525

Company & Directors' Information:- VIMAL KUMAR & CO PVT LTD [Strike Off] CIN = U65921MP1948PTC000488

Company & Directors' Information:- K INDUSTRIES PVT LTD [Strike Off] CIN = U99999KA1946PTC000938

Company & Directors' Information:- B S B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U45200TG2013PTC088059

Company & Directors' Information:- R A R INDUSTRIES PRIVATE LIMITED [Active] CIN = U74900TG2016PTC103684

Company & Directors' Information:- K S A B INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909WB2012PTC181903

Company & Directors' Information:- S V S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U36100JK2013PTC003808

Company & Directors' Information:- R D M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31100DL2013PTC252294

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1947PTC000501

Company & Directors' Information:- A V K INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U52100KA2012PTC066761

Company & Directors' Information:- J INDUSTRIES PVT LTD [Strike Off] CIN = U18101OR1960PTC000388

Company & Directors' Information:- INDUSTRIES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109BR1946PTC000228

Company & Directors' Information:- B M K INDUSTRIES PVT LTD [Active] CIN = U99999MH1948PTC006393

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Under Process of Striking Off] CIN = U99999MH1948PTC006932

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Active] CIN = U15142PN1948PTC006932

Company & Directors' Information:- VIMAL AND VIMAL PVT. LTD. [Strike Off] CIN = U99999DL2000PTC005647

    W.P. No. 14902 of 2017

    Decided On, 29 January 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM

    For the Petitioner: T.M. Hariharan, Advocate. For the Respondents: R1 & R2, Sudarsana Sundar, R3, M. Elumalai, Government Advocate.



Judgment Text


(Prayer: Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in Roc.No.22/2016 dated 03.10.2016 and to direct the respondents 1 to 3 to refer the issue of payment of enhanced compensation with respect to the lands of the petitioner, measuring acres 2.16 in survey No.121/3, Irungattukottai Village, Sriperumbudur Taluk under Section 18 of the Land Acquisition Act.)

1. Heard Mr.T.M.Hariharan, learned counsel for petitioner, Mrs.Sudarsana Sundar, learned counsel for respondents 1 and 2 and Mr.M.Elumalai, learned Government Advocate for respondent No.3.

2. With consent of learned counsel on either side, the writ petition itself is taken up for final disposal.

3. This writ petition has been filed to quash the order passed by the 2nd respondent dated 03.10.2016, by which, the request made by the petitioner for referring his claim for enhanced compensation in respect of the land comprised in survey No.121/3, Irungattukottai Village, Sriperumbudur Taluk, measuring an extent of 2.16 acres, which was acquired for a project to be developed by SIPCOT, the 4th respondent, was rejected.

4. The stand taken in the impugned order and reiterated in the counter affidavit is that the petitioner did not submit an application for reference of his case for claiming enhanced compensation by making an application in terms of Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act') within the time limit and therefore, the question of referring the matter to the Civil Court for deciding the claim for enhanced compensation after 17 years does not arise. It is further stated in the counter affidavit that the award was passed in respect of lands in survey No.121/3 on 28.08.1998 in Award No.15/1998 and not in Award No.7/1998 dated 01.09.1998 as stated and claimed by the petitioner. Further it is submitted that in terms of Section 18(2)(b) of the Act, the time limit for seeking a reference is six months from the date of pronouncement of award and the award in the petitioner's case was pronounced on 28.08.1998 and the compensation was paid during the years 1998 & 2000 and the petitioner cannot contend that the copy of the award was not served on him. The correctness of the stand taken by the 2nd respondent in the impugned order and the counter affidavit needs to be decided.

5. Further in paragraph 7(d) in the counter affidavit, the respondents 2 and 3 would admit that the petitioner has already sought for reference under Section 18 of the Act in respect of the other awards, which were passed wherein the lands owned by the petitioner were acquired. Admittedly, the petitioner owned vast extent of land and the entire lands have now been acquired for the said project. Earlier, the petitioner approached this Court and filed writ petitions in W.P.Nos.17023 & 17024 of 2016. In W.P.No.17023 of 2016, the prayer sought for was to refer the matter to the Civil Court for deciding the claim for enhanced compensation under Section 18 of the Act in respect of the land comprised in survey No.121/3, which is covered in the award No.7 of 1998. The prayer sought for in the other writ petition may not be of much relevance to in this case. The writ petitions were disposed of by a common order dated 12.05.2016 stating that there was no proof available in the documents filed before this Court to establish that the petitioner had sent a earlier representation on 18.07.2014 claiming enhanced compensation. However, this Court did not foreclose the right of the petitioner, but directed the petitioner to give a fresh representation within a time frame and the District Collector is directed to pass appropriate orders within a period of four(4) weeks by considering the representation on merits and in accordance with law. Pursuant to the direction, the petitioner submitted a representation dated 27.05.2016. This representation has been rejected by the impugned order for the reason that there was no application filed by the petitioner seeking reference and therefore, the representation, at this distant point of time, cannot be entertained.

6. The stand taken by the 2nd and 3rd respondents in the counter affidavit appears to be factually incorrect, as could be seen from the documents filed in the additional typed set of papers. These documents are the form of reference to the Sub Court, Poonamallee as prepared by the SIPCOT, the 3rd respondent. The form of reference pertains to award No.15/1998 relating to lands in survey Nos.113/12, 113/17, 113/18, 114/11 and 114/12. The appendix to the said form is schedule under Section 19(1) of the Act giving particulars of the Statement in writing. As could be seen from the said schedule, the petitioner has given two statements/objections on 23.12.1996 and 07.12.1998 and these have been received by the 3rd respondent on the very same dates. There is also another date mentioned namely 06.09.1996. The abstract of the statement given by the petitioner is claiming enhanced compensation. The copy of this statement has been enclosed along with the schedule and from which it is seen that it is the representation in respect of all the lands, which were acquired. From the tabulated statement, it is seen that the land in survey No.121/3 measuring an extent of 0.87.5 acres also finds place. The representation has been received by the 3rd respondent on 07.12.1998 as could be seen from the initials made on the representations by the 3rd respondent.

7. Furthermore, in the schedule, it is clearly admitted that the petitioner has given three representations/statements received on 06.09.1996, 23.12.1996 and 07.12.1998. Thus, the petitioner is shown to have given the representation in respect of all the lands and this Court cannot believe the stand taken by the 3rd respondent stating that the petitioner did not give any representation for reference of the claim for enhanced compensation in respect of survey No.121/3.

8. In fact, the petitioner is not going to benefit by not seeking for a reference in respect of the said survey number alone when admittedly, the petitioner has given a representation in respect of all other survey numbers, which were acquired. As mentioned earlier, the respondents 2 and 3, in their counter affidavit, have candidly stated that the petitioner has already sought for reference under Section 18 of the Act in respect of other lands. Therefore, in the considered view of this Court, the petitioner's claim cannot be rejected and the respondents are bound to refer the matter to the Civil Court for claiming enhanced compensation in respect of the lands comprised in survey No.121/3. There is a dispute raised by the 3rd respondent stating that the lands are covered in award No.15/1998 and not under award No.7/1998 as claimed by the petitioner. The learned counsel for the petitioner has produced the copy of the award No.7/1998 dated 01.09.1998, from which, it is seen that the survey No.121/3 finds place in award No.7/1998. In any event, if there is any mistake in this regard, this Court is concerned only with regard to the lands in survey No.121/3 and it is for the authorities to verify under which award it is covered.

9. For all the above reasons, the writ petition stands

Please Login To View The Full Judgment!

allowed and the impugned order is set aside and the 2nd respondent is directed to refer the claim of the petitioner to the Sub Court, Poonamallee, for claiming enhanced compensation in respect of lands, which were acquired, comprised in survey No.121/3, Irungattukottai Village, Sriperumbudur Taluk measuring an extent of 2.16 acres under Section 18 of the Act. The above direction be complied with by the 2nd respondent within a period of four weeks from the date of receipt of a copy of this order. The Court is informed that the reference is still pending before the Sub Court, Poonamallee in respect of all other lands and if it is so, the learned Sub court is requested to entertain the reference and tag the same with other matters and take a decision as expeditiously as possible, in accordance with law. No costs.
O R