v.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T. RAJA W. P. Nos.15766 to 15771 OF 1995 W. P. No.15766 of 1995 :
Taminadu Housing Board rep. by its Managing Director Nandanam, Madras-600 035 ... Petitioner in all WP's.
Vs.
1. The Sub Judge
2. The Sub Collector (L.A)
3. Ranganathan
4. Kumarasamy
5. Ravikkannu
6. Saroja
7. Narayana Achary ... Respondents in WP.15766/95
1. The Sub Judge,
2. Assistant Collector(LA) Thiruvannamalai
3. H.Rajaram
4. Thiruvannamalai Co-operative Urban Bank Ltd., rep. By its Secretary, Thiruvannamalai.
... Respondents in WP.15767/95
1. The Sub Judge,
2. The Sub Collector(Land Acquisition)
3. P.Sundaram
4. Sundaram S/o P.Appasamy ... Respondents in WP.15768/95
1. The Sub Judge,
2. Assistant Collector(LA)
3. Angammal.
... Respondents in WP.15769/95
1. The Sub Judge,
2. Assistant Collector(LA)
3. Vattara Nadar Iykia Sangam, rep. By its President, 88A, Big Street, Thiruvannamalai Town.
... Respondents in WP.15770/95
1. The Sub Judge,
2. Assistant Collector(LA)
3. Nirmal Kumar
4. C.Tirunavukkarasu.
5. C.Muthusamy.
... Respondents in WP.15771/95
PRAYER in all WP's :
The Writ Petitions have been filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Certiorari, to call for the records relating to the Award passed in L.A.O.P. No.64, 66, 67, 68, 70, 71/88 respectively dated 28.10.1993 W.P.Nos.15766 to 15768, 15770, 15771/95 and 19/7/94(in W.P.13769 of 1995)on the file of the first respondent and quash the order.
For Petitioner : No Appearance in all W.Ps For Respondents : Mr.K.V. Dhanapalan, AGP for R1 & R2 in all W.Ps No Appearance for other respondents COMMON ORDER These six writ petitions have been filed by Tamil Nadu Housing Board represented by its Managing Director, challenging the Awards passed in LAOP Nos. 64, 66, 67, 68, 70 & 71 of 1988 dated 28.10.1993 by the first respondent, the Sub Judge, Thiruvannamalai and to quash the same, on the ground that the first respondent had failed to issue notice to the petitioner herein, which is in violation of the mandatory provisions of Section 20(d) of the Land Acquisition Act.
2. It is also further stated that as per Section 18, there can be only two parties to the reference, the person who has raised the objection to the award and that the person for whom the land is acquired has no locus standi to demand a reference under Section 18 and he can only appeal and adduce evidence for the purpose of determining the amount of compensation.
3. These Writ Petitions are pending from the year 1995. The record shows that A.S. No. 347, 348 and 358 of 1995 were dismissed on the ground that the SLP filed in a similar matter against the judgment passed in A.S. No. 884 of 1991 has been dismissed, confirming the order passed by the Sub Judge, Thiruvannamalai. These matters were also listed on two occasions namely 09.03.2015 and 10.03.2015, without being represented. Therefore, this Court directed the matters to be listed today under the caption "for dismissal". Even today, nobody appeared for the petitioners as well as the respondents, except learned Additional Government Pleader for respondents 1 and 2.
4. Therefore, these writ petitions are dismissed for nonprosecution. No order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar avr To
1. The Sub Judge
2. The Sub Collector (L.A)
3. The Assistant Collector(LA)
4. The Secretary, Thiruvannamalai Co-Operative Urban Bank Ltd.
W. P. Nos.15766 to 15771 OF 1995 MSM(CO) CA(23/03/2015)