Madras High Court: Maintain status quo while taking possession of property

Chennai: The Madras High Court has ordered the maintenance of a status quo relating to taking possession of a property in Velasamudhram village in Tuticorin district belonging M/s Kiran Global Chem Limited for the formation of a new broad gauge railway line between Madurai-Thoothukudi (via) Aruppukottai (Milavittan-Melamaruthur section).

Justice N. Seshasayee ordered the maintenance of a status quo on a petition filed M/s Kiran Global Chem Limited, which sought to quash the acquisition proceedings of the Tuticorin District Revenue Officer.

The judge said the petitioner has come forward with the case that the petitioner’s property has been notified for an acquisition by a notification dated November 24, 2014, under the provisions of Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.

Senior counsel P. Wilson appearing for the petitioner submitted that after the commencement of Central Act 30 of 2013 on January 1, 2014, Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 has been repealed and it cannot have effect notwithstanding the insertion of section 105-A of the Act to Central Act 30 of 2013. Wilson further submitted that in as much as the present acquisition has commenced under the Act, the current validity was suspected and prima facie it was not permissible for the government to proceed under the old enactment.

“After perusing the materials, the court finds a prima facie case and hence there shall be an order to maintain the status quo regarding taking possession of the land”.