The Government Of Tamilnadu v. G.Ranganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2016

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M. VENUGOPAL W.A.No.1729 of 2015 ....

1. The Government of Tamil Nadu rep. By its Secretary to Government, 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.

... Appellants Vs.

1. G. Ranganathan

2. The Tamilnadu Housing Board, rep. By its Chairman & Managing Director, Nandanam, Anna Salai, Chennai 600 035.

3. The Executive Engineer & Administrative Officer, TNHB Unit, Coimbatore, Tatabad, Coimbatore District.

... Respondents Writ Appeal filed against order dated 07.05.2014 made in W.P. No. 8707 of 2014. WP No.8707/10:

Petition filed under

Article 226 of the constitution of India, praying this Hon'ble Court to issue a writ of declaration declaims that the land acquisition proceeding initiated under the land acquisition Act 1894 in respect of land belonging to the petitioner of an extent of 1.23 acreas comprised in S.F.No.479, an extent of 1.42 acres in S.F.No.510/2, an extent of 0.26 acres in S.F.No.511/1A2 and an extent 1.42 acres in S.F.No.511/2, situated at Vellakinaru Village, Coimbatore, on 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. A. Srijayanthi Spl. Govt. Pleader For Respondents : Mr. R.N. Amarnath - R1 Mr. V. Anandamoorthy - R2 & R3

JUDGMENT

(delivered by SATISH K.AGNIHOTRI, J.) The instant intra-court appeal arises from the order dated 7th May, 2014 passed in W.P.No. 8707 of 2014. 2 The respondent/ Housing Board preferred an appeal being W.A.No. 1432 of 2015 against the said order questioning the legality and validity of the impugned order dated 7th May, 2014 rendered by a learned single Judge in W.P. No.8707 of 2014. The said appeal, by a reasoned order, was dismissed by us, along with other appeals vide common order dated 26.02.2016. 3 The instant writ appeal is preferred by the State Government against the very same order, which was the subject matter in W.A.No. 1432 of 2015 filed by the Tamil Nadu Housing Board.

4. Thus, this writ appeal is also dismissed on the same lines. No costs. Consequently, connected miscellaneous petition is dismissed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar

ra To

1. The Secretary to Government of Tamilnadu, 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, The Tamilnadu Housing Board, rep. By its Chairman & Managing Director, Nandanam, Anna Salai, Chennai 600 035.

5. The Executive Engineer & Administrative Officer, TNHB Unit, Coimbatore, Tatabad, Coimbatore District.

+1 cc to Mr.R.N.Amarnath, Advocate, sr.16804 W.A.No.1729 of 2015 sv co kra 24.03.2016