LAWS(MAD)-2006-10-173

COMMISSIONER AND SECRETARY TO GOVERNMENT Vs. CHANDRASEKARAN

Decided On October 17, 2006
COMMISSIONER AND SECRETARY TO GOVERNMENT, CHENNAI Appellant
V/S
CHANDRASEKARAN Respondents

JUDGEMENT

(1.) THE first appellant is the Commissioner and Secretary to Government, Agriculture Department, Government of Tamil Nadu and the appellants 2 to 6 are the official respondents in the main writ petition being W.P.No.21285 of 2002. Aggrieved by the order of the learned single Judge dated 28.10.2005 made in W.P.No.21285 of 2002, the present writ appeal has been filed.

(2.) THE respondents 1 to 13 are the writ petitioners in the main writ petition and one Vadivel Mandiri, the seventh petitioner, since deceased, has not been made as a respondent. In the order under Appeal, the learned Judge held that the properties of the respondents were requisitioned under the Tamil Nadu Requisitioning and Acquisition of Immovable Properties Act, 1956 and it was requisitioned for creating a State Seed Farm in Navaloc Village, Wallajah Taluk. A lease amount for the period of eleven years from 1977-78 to 1987-88 was sanctioned for a sum of Rs.1,40,053/- for the land, which was to the extent of 410.46 acres. THEreafter, neither the appellants took any further steps to acquire the lands in terms of the Tamil Nadu Requisitioning and Acquisition of Immovable Properties Act, 1956 nor any compensation was paid to the land owners, who are the respondents herein. THE respondents have sent a representation dated 30.01.2002 and no reply was sent to them.

(3.) HOWEVER, after hearing the parties at length, it was suggested to the learned counsel for the respondents as to whether they still seek the return of the land or they are willing to have their lands acquired by the Government even though the time limit stipulated under Section 6 of the Act had expired long ago.