The Government Of Tamil Nadu v. Amulammal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022 CORAM :
THE HON'BLE MR.JUSTICE T.RAJA AND THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.A.NOS.357 OF 2015 & 1621 OF 2014 AND M.P.NOS.1 OF 2015 & 1 OF 2014
1. The Government of Tamil Nadu, Represented by its Secretary to Government, Housing and Urban Development Department, Fort Saint George, Chennai - 9.
2. The District Collector, Collectorate Complex, Coimbatore, Coimbatore District.
3. The Special Tahsildar (LA), Housing Scheme Unit, Tatabad, Coimbatore - 12.
... Appellants/ Respondents 1, 4 & 5 in both Writ Appeals Vs.
1. Amulammal
2. Rajendran
3. Jayamani
4. Rajalakshmi
5. Ravi Ganesh
6. Pavithra
7. Bagiyalakshmi
8. Amsaveni
9. Balakrishnan
10. The Tamil Nadu Housing Board, Represented by its Chairman & Managing Director,
11. The Executive Engineer & Administrative Officer, TNHB Unit, Coimbatore, Tatabad, Coimbatore District.
... Respondents/ Petitioners & Respondents 2 & 3 in W.A.No.357 of 2015 [Respondents 10 and 11 are given up]
1. Sudha
2. Selvi
3. The Tamil Nadu Housing Board, Represented by its Chairman & Managing Director,
4. The Executive Engineer & Administrative Officer, TNHB Unit, Coimbatore, Tatabad, Coimbatore District.
... Respondents/ Petitioners & Respondents 2 & 3 in W.A.No.1621 of 2014 [Respondents 3 and 4 are given up] Prayer:- Writ Appeals in W.A.Nos.357 of 2015 and 1621 of 2014 filed under Clause 15 of the Letters Patent to set aside the orders dated 07.05.2014 made in W.P.Nos.8775 and 7509 of 2014 respectively.
Prayer in W.P.No.8775 of 2014:- Writ Petition filed under Article 226 of the Constitution of India for a Writ of declaration, to declare that the entire land acquisition proceedings initiated, under the Land Acquisition Act, 1894, in respect of the lands of an extent of 2.00 acres comprised in S.F.No.529/1B belonging to the petitioners 1 to 6 and an extent of 2.74 acres comprised in S.F.No.530/2, situated at Vellakinaru Village, Coimbatore, belonging to the petitioners, as lapsed in view of the "Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013" (Act 30/2013).
Prayer in W.P.No.7509 of 2014:- Writ Petition filed under Article 226 of the Constitution of India for a Writ of declaration, to declare that the entire land acquisition proceedings initiated, under the Land Acquisition Act, 1894, in respect of the lands of an extent of 0.97.0 hectares comprised in S.F.No.527/1D, situated at Vellakinaru Village, Coimbatore, belonging to the petitioners, as lapsed in view of the "Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013" (Act 30/2013).
For Appellants : Mrs.D.Tamilselvi Additional Government Pleader in both Writ Appeals For R1 to R9 : Mr.R.N.Amarnath in W.A.No.357 of 2015 For R10 & R11 : Dr.R.Gowri for Tamil Nadu Housing Board in W.A.No.357 of 2015 For R1 & R2 : Mr.R.N.Amarnath in W.A.No.1621 of 2014 For R3 & R4 : Dr.R.Gowri for Tamil Nadu Housing Board in W.A.No.1621 of 2014 COMMON JUDGMENT (Judgment was delivered by T.RAJA, J.) These Writ Appeals arise out of a common order, dated 07.05.2014, passed in a batch of writ petitions in W.P.Nos.7510 of 2014, etc.
2.Dr.Gowri, learned counsel appearing for the Tamil Nadu Housing Board, fairly submitted that the Tamil Nadu Housing Board filed a batch of writ appeals in W.A.Nos.1428 of 2014, etc., against the common order dated 07.05.2014, which were dismissed by this Court by a common judgment dated 26.02.2016. 3.In view of the above, when the Writ Appeals of similar type arising out of the common order were already considered and dismissed by this Court by a common judgment dated 26.02.2016, nothing survives for further adjudication in these Writ Appeals.
4.Accordingly, these Writ Appeals are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar mkn To
1. The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai - 9.
2. The District Collector, Collectorate Complex, Coimbatore, Coimbatore District.
3. The Special Tahsildar (LA), Housing Scheme Unit, Tatabad, Coimbatore - 12.
4. The Chairman & Managing Director, Tamil Nadu Housing Board,
5. The Executive Engineer & Administrative Officer, TNHB Unit, Coimbatore, Tatabad, Coimbatore District.
+2ccs to M/s.R.N.Amarnath, Advocate, S.R.Nos.16518, 16521 +1cc to the Government Pleader, S.R.Nos.16992, 16993 W.A.Nos.357 of 2015 & 1621 of 2014 AJS(CO) RLP(23/03/2022)