P.Ramachandra, v. The Chairman, Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.01.2021

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR W.P.No.10980 of 2013 and W.M.P.No.1 of 2013 P.Ramachandran S/o.Padmanabhapillai No.59, Kavimani Nagar, Thattan Vilai, Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District.

... Petitioner Vs.

1.The Chairman, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-35.

2.The Sub Collector, Kanniyakumari District, Kanniyakumari.

3.The Village Administrative Officer, Vedeveeswaram Village, Kanniyakumari District, Kanniyakumari.

... Respondents Prayer: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from interfering with the petitioner's possession of his land of an extent of 60 cents comprised in L-5-10/2 Vadiveeswaran Village, Agastheeswaram Taluk, Kanniyakumari District and granting patta in respect of the land in favour of the first respondent unless under process law. For Petitioner : Ms.S.Vijayalakshmi For Respondents: Ms.S.Ayyapparaj, Standing Counsel Tamil Nadu Housing Board for R1 Ms.A.Mathumathi Special Government Pleader for RR2 and 3

ORDER

The learned counsel appearing for the respondents 2 and 3 made a submission before this Court that the entire acquisition proceedings in respect of the petitioner's land had been dropped and that they are not going to effect any modification of

revenue record in respect of the petitioner's land in favour of the first respondent herein.

2.This Court is of the view that the writ petition has become infructuous, in view of the fact that the acquisition proceedings in respect of the petitioner's land has not been proceeded further and the land is going to be with the petitioner.

3.In view of the factual position, the writ petition is closed. It is made clear that the petitioner can seek review of this order in case the facts recorded by this Court in this writ petition are not correct. No Costs. Consequently, the connected miscellaneous petition is closed.

04.01.2021 tta FOR BEING MENTIONED This Matter having been listed under the caption for "Being Mentioned " on 05.01.2021 pursuant to the order of this Court dated 04.01.2021 and made herein in the presence of the aforesaid counsel on the either side the Court made the following order:- This matter came up for hearing today under the caption "For being mentioned".

2.The first paragraph of the order dated 04.01.2021, in this appeal is modified to the extent indicated below: "The Learned counsel appearing for the respondents 2 and 3 made a submission before this Court that the entire acquisition proceedings in respect of the Petitioner's land had been dropped and that they are not going to effect any modification of revenue record in respect of the Petitioner's land in favour of the first respondent herein. It is also submitted by the Learned Additional Government Pleader appearing for the second and third respondent that the Writ Petition challenging the acquisition proceeding was allowed and that therefore, the acquisition proceeding has come to an end."

The other portions of the order dated 04.01.2021, remains unaltered.

Bkn 05.01.2021 Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

TO 1.The Chairman, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-35.

2.The Sub Collector, Kanniyakumari District, Kanniyakumari.

3.The Village Administrative Officer, Vedeveeswaram Village, Kanniyakumari District, Kanniyakumari.

+1cc to Mr.R.Bharath Kumar, Advocate, S.R.No. 1007 +1cc to the Government Pleader, S.R.No. 752 W.P.No.10980 of 2013 MP(CO) GN(21/01/2021)