MRS. B. ANNAMMAL (DECEASED) v. THE GOVERNMENT OF TAMILNADU
WP/22301/2011 · 2026-03-25
Krishnan Ramasamy
Transfer Petitionbody2011
DailyLaw.ai
[ 2011 DAILYLAW 4944 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2011 DAILYLAW 4944 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP No. 22301 of 2011 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY WP No. 22301 of 2011 AND WP NO. 19344 OF 2010, M.P.No.2 of 2011 & 1 of 2015 1.B. Annammal (Deceased), W/o.Balarama Naicker, No.2/126 Avadi High Road, Senneerkuppam, Poonamallee Taluk, Thiruvallur Dt. 2.B.Baskar, S/o.Balarama Naicker, 2/126, Avadi High Road, Senneerkuppam, Poonamallee, Kancheepuram Dt. 3.B.Sekar, S/o.Balarama Naicker, 2/126, Avadi High Road, Senneerkuppam, Poonamallee, Kancheepuram District. 4.B.Shanthi, D/o.Balarama Naicker, 2/126, Avadi High Road, Senneerkuppam, Poonamallee, Kancheepuram District. 5.B.Selvi, D/o.Balarama Naicker, 2/126, Avadi High Road, Senneerkuppam, Poonamallee, Kancheepuram District. (P2 to P5 are substituted as Lrs of deceased P1, as per order dated 24.03.2025 in WMP.7295/2020 in WP.22301/2011 by NAVJ) Petitioner(s) https://www.mhc.tn.gov.in/judis
WP No. 22301 of 2011 Vs 1.The Government Of Tamilnadu, Rep By Its Secretary, Industries Dept., Fort St. George, Chennai 9. 2.The District Collector, Kancheepuram And Dt. 3.The Special Tahsildar (l.A.) Irunkattukottai Expansion Scheme-1, Sriperumbudur, Kancheepuram Dt. 4.The Chief Secretary/Chairman, And Managing Director, State Industries Promotion Corpn. Of Tamilnadu Ltd., No.19-a Rukmani Lakshmipathi Road, Egmore, Chennai 8. 5.The Managing Director, Ashok Leyland Ltd., No.1 Sardhar Patel Road, Guindy, Chennai 32. Respondent(s) WP No. 19344 of 2010
1. B.Annammal (deceased) W/o.Balarama Naicker, 2/126, Avadi High Road, Senneerkuppam, Poonamallee, Kancheepuram District. 2.B.Baskar S/o.Balarama Naicker, 2/126, Avadi High Road, Senneerkuppam, Poonamallee, Kancheepuram Dt. 3.B.Sekar, S/o.Balarama Naicker, 2/126, Avadi High Road, Senneerkuppam, Poonamallee, Kancheepuram District. https://www.mhc.tn.gov.in/judis
WP No. 22301 of 2011 4.B.Shanthi, D/o.Balarama Naicker, 2/126, Avadi High Road, Senneerkuppam, Poonamallee, Kancheepuram District. 5.B.Selvi, D/o.Balarama Naicker, 2/126, Avadi High Road, Senneerkuppam, Poonamallee, Kancheepuram District. (P2 to P5 are substituted as Lrs of deceased P1, as per order dated 24.03.2025 in WMP.7287/2020 in WP.19344/2010 by NAVJ) Petitioner(s) Vs
1. The Government Of Tamilnadu Rep By Its Secretary, Industries Dept., Fort St.George, Chennai 9. 2.The Special Tahsildar (l.A.) Irunkattukottai Expansion Scheme-1, Sriperumbudur, Kancheepuram Dt. 3.The District Collector, Kancheepuram And Dt. 4.The Chief Secretary/Chairman And Managing Director, State Industries Promotion Corporation Of Tamilnadu Ltd, No.19-a Rukmani Lakshmipathi Road, Post Box No.7223, Egmore, Chennai 8 5.Ashok Leyland Ltd., Rep. By Its Director, 1, Sardar Patel Road, Guindy, Chennai-600 032.
(R5-impl As Per Ord.Dt.28/6/13 By DHPJ In Mp1/12) Respondent(s) https://www.mhc.tn.gov.in/judis
WP No. 22301 of 2011 PRAYER in
WP No. 22301 of 2011:-
Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorari, to call for the records relating to the Impugned Notice dated 16.9.2011, issued by the 3rd respondent in Rc. No.9/2007 and to quash the same. PRAYER in
WP No. 19344 of 2010:-
Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the 4th respondent dt.12.7.2010 made in Ref. No.LA/IGKT-Expn/Exemptn/10 and to quash the same consequently direct the respondents either to exclude the land from the acquisition proceedings comprised in Survey No.73/A3 and 78/1B measuring to an extent of 0.77.5 Hectare, situated at Pillaipakkam Village, Sriperumbudur Taluk, Kancheepuram District enabling the petitioners to develop Sri Sai Aluminium Fabricators, Small Scale Industry in the said land or to allot alternative land for the same extent. For Petitioner(s) in both W.Ps: Mr.R.Bharath Kumar For Mr.R.Murali For Respondent(s) in both W.Ps: Mr.P.Sathish Additional Government Pleader For R1 to R3 Ms.R.Revathy Standing Counsel For R4 Mr.Niranjan Rajagopal For M/s.G.R. Associates For R5 COMMON ORDER W.P.No.22301 of 2011 has been filed challenging the notice dated 16.09.2011 issued under Section 7(5) and 7(7) of the Tamil Nadu Acquisition of https://www.mhc.tn.gov.in/judis
WP No. 22301 of 2011 Land For Industrial Purpose Act, 1997, Act 10/1999, by the 3rd respondent, for determination of quantum of compensation. W.P.No.19344 of 2010 has been filed challenging proceedings of the 4th respondent dated 12.7.2010, whereby rejecting the petitioners claim for exclusion of their lands from acquisition.
2.Though the petitioner has challenged the notice issued by the 3rd respondent for determination of compensation and the proceedings of the 4th respondent rejecting the petitioners claim for exclusion of their lands from acquisition, when the matter is taken up for hearing today, learned counsel for the petitioners would submit that the petitioners have restricted their relief and now they seeks for fixation of compensation as per Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013. 3.He has referred the earlier order of this Court in W.P.No.10087 of 2021 dated 28.10.2025 and would submit that the Hon’ble Division Bench of this Court in W.A.No.1063 of 2012 has held that the determination of compensation would be from 01.01.2014 i.e with effect from the date of commencement of Central Act, 2013. Though, the Special Leave Petition has been filed against the aforesaid writ appeal, the Hon’ble Supreme Court has partially upheld the
judgment of the writ appeal by directing the respondents to pass an order by https://www.mhc.tn.gov.in/judis
WP No. 22301 of 2011 taking the base rate as on 01.01.2014 and hence, he prayed for a similar order. 4.The relevant portion of the order passed in W.P.No.10087 of 2021 dated 28.10.2025 is extracted hereunder:-
“3.The case of the petitioner as well as the case in which the
order passed by the Hon’ble Division Bench of this Court are similar in nature i.e acquisition by virtue of the notice issued by the respondents in the year 2010. There is no dispute on that aspect. Under these circumstances, the petitioner insisted this Court that direction may be issued to the respondents to pass an order by taking the base rate as on 01.01.2014, which has been partially upheld by the Hon'ble Supreme Court of India by virtue of interim order dated
13.10.2025. For better appreciation, the relevant portion of the said
order is extracted hereunder:
"1. After hearing the learned senior counsel for the parties, the interim order dated 08.05.2023 is modified to the extent that left the interim award be passed by the Land Acquisition Collector within a period of four weeks without prejudice to the rights of the parties. As soon as the award shall be passed, the petitioner authorities are directed to release the entire amount of compensation, as determined by the Collector, within a period of six weeks in favour of the respondents-land owners. However, while 50% of the amount shall be paid without any https://www.mhc.tn.gov.in/judis
WP No. 22301 of 2011 security, the remaining 50% of the amount shall be paid, subject to furnishing security to the satisfaction of the Land Acquisition Collector." 5.Considering the submissions made by the learned counsel for the petitioner, this Court directs the respondents to calculate the compensation, which the petitioners are entitled in terms of the order passed by the Hon’ble Supreme Court dated 13.10.2025. 6.With the aforesaid direction, these writ petitions are disposed of. No costs. Consequently connected miscellaneous petitions are closed. 25-03-2026 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis
WP No. 22301 of 2011 To 1.The Government Of Tamilnadu, Rep By Its Secretary, Industries Dept., Fort St. George, Chennai 9. 2.The District Collector, Kancheepuram And Dt. 3.The Special Tahsildar (l.A.), Irunkattukottai Expansion Scheme-1, Sriperumbudur, Kancheepuram Dt. 4.The Chief Secretary/Chairman, And Managing Director, State Industries Promotion Corpn. Of Tamilnadu Ltd., No.19-a Rukmani Lakshmipathi Road, Egmore, Chennai 8. 5.The Managing Director, Ashok Leyland Ltd., No.1 Sardhar Patel Road, Guindy, Chennai 32. https://www.mhc.tn.gov.in/judis
WP No. 22301 of 2011 KRISHNAN RAMASAMY J. rst WP No. 22301 of 2011 25-03-2026 https://www.mhc.tn.gov.in/judis