Tamilnadu Housing Board v. Subbulakshmi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.A.NO.352 OF 2012 AND M.P. NO.1 OF 2012 Tamil Nadu Housing Board rep. by its Executive Engineer & Admn. Officer, Coimbatore Housing Unit, Tatabad, Sivanandha Colony, Coimbatore 641 012.
... Appellant/ 3rd Respondent -vs1.Subbulakshmi ... 1st Respondent/Petitioner 2.The Government of Tamil Nadu, rep. by its Secretary, Housing and Urban Development Department, Chennai - 600 009.
3.The Special Tahsildar (Land Acquisition), Housing Scheme No.II, Coimbatore.
... 2 to 3 Respondents/ 1,2 Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act against the order made in W.P. No.1598 of 2000 dated 26.03.2003 by its Hon'ble Court.
Prayer in W.P. No.1598 of 2000:- Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the first respondent relating to the impugned notification issued Sec 4(1) of the Act vide G.O.MS.343 Housing & Urban Development Department dated 06.08.1996 and published in Tamilnadu Government Gazette part - II-Section 2 (supplement) dated 04.09.1996 and the declaration issued under section 6 of the Land Acquisition Act vide G.O.MS.339 Housing & Urban Development Department dated 08.10.1997 and published in the Tamilnadu Gazette Extraordinary part II Section 2 dated
08.10.1997 in respect of the petitioner's land in SFNO.371 & 372 Kalapatti village, Coimbatore North Taluk, Coimbatore District quash the same.
For Appellant : Dr.R.Gowri For Respondents : No appearance for R1 Mr.T.Arunkumar, Government Advocate for R2 & R3
JUDGMENT
(Judgment of this Court was delivered by T.RAJA,J.) When the matter is taken up for hearing, learned counsel appearing for the appellant fairly submitted that after 4(1) Notification dated 06.08.1996 followed by 6 Declaration dated 08.10.1997 were quashed in respect of concerned Survey Numbers, Special Leave Petitions were filed by the Tamil Nadu Housing Board and the Hon'ble Apex Court, confirming the judgment dated 14.09.2011 passed by this Court in W.A. Nos.422 of 2011 etc., dismissed the Special Leave Petitions. Learned counsel for the appellant has also produced the copy of the above judgments passed by this Court as well as the Hon'ble Apex Court. 2.Heard both sides.
3.The statements made by the counsel for the appellants are recorded. Since the physical possession of the land was not taken and the compensation received from the requisitioning authority has also been returned back to the Tamil Nadu Housing Board, nothing survives for further adjudication in this appeal. 4.In view of the above judgment passed by the Hon'ble Apex Court, this writ appeal stands dismissed as infructuous. Consequently, M.P. No.1 of 2012 is closed. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vga
To 1.The Government of Tamil Nadu, rep. by its Secretary, Housing and Urban Development Department, Chennai - 600 009.
2.The Special Tahsildar (Land Acquisition), Housing Scheme No.II, Coimbatore.
3.Executive Engineer & Admn. Officer, Tamilnadu Housing Board Coimbatore Housing Unit, Tatabad, Sivanandha Colony, Coimbatore 641 012.
+1cc to the Government Pleader, S.R.No.40383 W.A.No.352 of 2012 PM(CO) PM(08/09/2021)