S.Subramani v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.02.2022 Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Acting Chief Justice and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY --- Writ Appeal No.228 of 2022 and C.M.P.No.1651 of 2022 --- S.Subramani, S/o Sengoda Gounder ..Appellant/Writ Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai-600 009.

2. The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Salem.

3. The District Collector, Salem.

4. The Tamil Nadu Housing Board, Salem Unit, Salem.

.. Respondents/Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 10.12.2021 passed by the learned Single Judge, in W.P.No.9249 of 2014 on the file of this Court. Prayer in WP.No.9249 of 2014:

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of declaration, Declaring that acquisition of lands of the petitioner of an extent of 0.54 acres and the buildings thereon in Survey No.42/ 3A1B in Kandampatti Village Salem Taluk pursuant to Sec.4 (1) of the Land Acquisition Act under G.O. Ms. No.963 Housing Urban and Development Department dated 16.11.1984 and Sec.6 of the Land Acquisition Act in G.O.Ms.729 Housing and Urban Development Department dated 23.5.1986 stands lapsed in view of Section 24

Clause 2 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Re-Settlement Act 2013. For appellant : Mr.AR.L.Sundaresan, Senior Counsel for M/s.AL.Ganthimathi For respondents : Mr.C.Kathiravan, Spl.G.P.(Land Acquisition), for RR-1 to 3 Dr.R.Gowri, Standing Counsel for R-4

JUDGMENT

(The Judgment of the Court was delivered by The Hon'ble Acting Chief Justice) The learned Senior Counsel appearing for the appellant prays that the appellant may be permitted to withdraw the Writ Appeal, with liberty to work out his remedy for re-conveyance of the property in question, under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Accordingly, the Writ Appeal is dismissed as withdrawn, with the aforesaid liberty. No costs. Consequently, C.M.P. is closed.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar cs To

1. The Government of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai-600 009.

2. The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Salem.

3. The District Collector, Salem.

4. The Tamil Nadu Housing Board, Salem Unit, Salem.

+1cc to M/s.A.L.Ganthimathi, Advocate SR.No.9274 W.A.No.228 of 2022 SRA(CO) CB(18/02/2022)