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Madras High CourtWP/14712/2011withdrawn dismissed

Sri Ragavendra Nagar v. The State Of Tamilnadu

2019-08-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2019 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No.14712 & 14713 of 2011 Sri Ragavendra Nagar Residents Welfare Association, Rep. By its President Mr.P.S.Arumugam, Jayabharathi Enterprises, Railway Station Road, Hosur-600 109.

..Petitioner in both W.Ps.

Versus

1.The State of Tamil Nadu, Rep. By its Commissioner and Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai 600 009.

2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai 600 035.

3.The Special Tahsildar, Land Acquisition, Housing Scheme, Hosur, Dharmapuri District.

...Respondents in both W.Ps.

COMMON PRAYER: Writ petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, quashing the proceedings of the first respondent's letter bearing No.29999/LA-II-2/2008-1 dated 24.12.2008 and second Respondent's bearing letter No.L.A.(Spl.) 2/57255/94 dated 17.12.2008 respectively and direct the Respondents to consider the representation of the Petitioner dated 04.04.2008 to re-convey the land mentioned in the petition under section 48(b) of the Land Acquisition Act. (in both W.Ps.) For Petitioner : Mr.P.Subba Reddy https://hcservices.ecourts.gov.in/hcservices/

For Respondents : Mr.M.Elumalai Government Advocate COMMON ORDER The learned counsel appearing for the petitioner sought permission of this Court to withdraw these petitions and had also made an endorsement in the court bundle, which reads as follows:

"The petitioner herein requesting the Hon'ble Court to permit for withdrawal of Writ Petitions W.P.Nos.14712 and 14713 of 2011 as Section 48-B of Land Acquisition Act is no longer in existence. The petitioner may be permitted to file writ petitions under Section 24(2) of the Act 30 of 2013 in view of the petitioner being in physical possession of the property and other provisions of the new Act." 2.In view of the above submission and endorsement made by the learned counsel for the petitioner, these writ petitions are dismissed as withdrawn. However, liberty is granted to the petitioner to file fresh writ petitions under Section 24(2) of the Act 30 of 2013. No costs.

rm Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Commissioner and Secretary to Government, The State of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai 600 009.

2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai 600 035.

3.The Special Tahsildar, Land Acquisition, Housing Scheme,Hosur, Dharmapuri District.

+1cc to Dr.R.Gouri, Advocate, vide SR.No.68771 +2cc to Mr.P.Subba Reddy, Advocate, SR.No.68620 +1cc to the Govt.Pleader, Vide Sr.No.68926 W.P. No.14712 & 14713 of 2011 Kak(18/09/2019) https://hcservices.ecourts.gov.in/hcservices/