SRI VENKATESWARA EDUCATIONAL AND CHARITABLE TRUST HAVING OFFICE AT NEW NO.36 VENKATACHALA NAICKEN STREET PUDUPET CHENNAI Vs. SECRETARY TO GOVERNMENT OF TAMILNADU INDUSTRIES SIPCOT (LA) DEPARTMENT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) THE writ petition was filed by the petitioner Trust seeking to challenge a notification issued under Section 3(1) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (for short TALIP Act) made in G.O.Ms.No.93, Industries (SIPCOT-LA) Department, dated 14.7.2010 insofar as the petitioner's Trust Land mentioned in the prayer relating to different survey numbers to an extent of 09.30.00 hectares and connected orders dated 13.9.2010 issued by the sixth respondent Special Tahsildar (SIPCOT-LA), Cheyyar and to direct the hand over of the possession of land of the Trust to the Collector within the time specified and also to forbear the respondents from taking over the land.

(2.) WHEN the matter came up on 18.4.2011, an order of interim stay of dispossession alone was granted. This writ petition was admitted on 24.6.2011. A vacate stay application was filed in M.P.No.5 of 2011 together with a supporting counter affidavit.

(3.) IT is the case of the petitioner that they sent a representation on 24.6.2009 requesting the Collector to take action for deletion of the petitioner's land from the acquisition. They also sent a letter to the second respondent on 09.11.2009 reiterating their demand for exclusion. The said letter was forwarded by a covering letter by the State Government to the second respondent asking to furnish specific remarks. Notwithstanding these proceedings, the State Government had issued the final notification under Section 3(1) vide G.O.Ms.No.93, Industries (SIPCOT-LA) Department, dated 14.07.2010 as noted already.