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M/s. Osr Infra Private Limited, Rep. by its Director Vs. The Secretary Government of Tamil Nadu Industries Department, Fort St. George, Chennai and Others - Court Judgment

SooperKanoon Citation

Court

Chennai Madurai High Court

Decided On

Case Number

W.P(MD)No. 23146 of 2016

Judge

Appellant

M/s. Osr Infra Private Limited, Rep. by its Director

Respondent

The Secretary Government of Tamil Nadu Industries Department, Fort St. George, Chennai and Others

Excerpt:


.....food corporation of india at thamaraipadi village, dindigul district, this court is not inclined to issue such mandamus straightaway, in view of the fact that it is for the third respondent to consider the request of the petitioner based on their representations, dated 05.10.2016, wherein and whereby, the petitioner has made a request to the third respondent to acquire the two blocks of land measuring an extent of 50 cents in survey nos.291/2 and 79 cents in survey no. 290/2 of thamaraipadi village, dindigul taluk in order to facilitate the double railway line. 3. the learned additional government pleader appearing for the respondents submitted that the said request of the petitioner will be considered and appropriate orders will be passed within the time stipulated by this court. 4. accordingly, this writ petition is disposed of only with a direction to the third respondent to consider the request of the petitioner, dated 05.10.2016, and pass appropriate orders on the same on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. needless to say that if third respondent decides to proceed to acquire the land under the.....

Judgment:


(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the respondents to initiate proceedings under the Tamil Nadu Acquisition of land for Industrial Purpose Act and acquire land to an extent of 50 cents and an extent of 79 cents, or such other portions in Survey Nos.291/2 and 290/2 respectively of Thamaraipadi Village, Dindigul Taluk and District for the purpose of laying the Railway Siding line to the Warehouse for Food Corporation of India at Thamaraipadi Village, Dindigul District.)

1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

2. Though this writ petition is filed seeking for a Mandamus directing the respondents to initiate proceedings under the Tamil Nadu Acquisition of Land for Industrial Purpose Act for the purpose of laying the Railway Siding line to the Warehouse for Food Corporation of India at Thamaraipadi Village, Dindigul District, this Court is not inclined to issue such Mandamus straightaway, in view of the fact that it is for the third respondent to consider the request of the petitioner based on their representations, dated 05.10.2016, wherein and whereby, the petitioner has made a request to the third respondent to acquire the two blocks of land measuring an extent of 50 cents in Survey Nos.291/2 and 79 cents in Survey No. 290/2 of Thamaraipadi Village, Dindigul Taluk in order to facilitate the double Railway line.

3. The learned Additional Government Pleader appearing for the respondents submitted that the said request of the petitioner will be considered and appropriate orders will be passed within the time stipulated by this Court.

4. Accordingly, this Writ Petition is disposed of only with a direction to the third respondent to consider the request of the petitioner, dated 05.10.2016, and pass appropriate orders on the same on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Needless to say that if third respondent decides to proceed to acquire the land under the above said enactment, he should follow the procedure strictly in accordance with law as contemplated under the said enactment. No costs.


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