Subramania Chettiar v. The Collector Of Cuddalore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.18529 of 2004 Subramania Chettiar ... Petitioner Vs.

1. The Collector of Cuddalore District, Cuddalore.

2. The Special Tahsildar, Land Acquisition (Adi Dravida Welfare), Cuddalore.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records and quash the notification dated 11.12.2002 published in Cuddalore District Gazette and consequential Award No.1/2003-2004, dated 29.03.2004 in respect of the land bearing S.No.26/2A Ac. 0.20 in Kesavanarayanapuram Village, Cuddalore Taluk, Cuddalore District.

For Petitioner : Mr.R.Gururaj For Respondents : Mr.D.Raja, Spl.G.P.

O R D E R

The challenge in the present Writ Petition is to the acquisition proceedings pertaining to the petitioner's land comprised in Survey No.26/2A measuring 0.20 acres in Kesavanarayanapuram Village, Cuddalore Taluk, Cuddalore District.

2. Today when the matter is called, the learned Special Government Pleader appearing for the respondents submitted that the petitioner herein is a subsequent purchaser of the subject land. Pursuant to the acquisition proceedings, the original owner of the larger extent of land in Survey No.26/2A measuring hectare 0.27.0 had challenged the acquisition proceedings before this Court in W.P.No.3356 of 2003 and by an order dated 10.01.2017, this Court had quashed the notification under Section 4(1) of the Land Acquisition Act. The petitioner's land https://hcservices.ecourts.gov.in/hcservices/

in Survey No.26/2A measuring 20 cents is part and parcel of the larger extent of the land covered under the order dated 10.01.2017 in W.P.No.3356 of 2003. As such, the acquisition over the petitioner's land is also deemed to have been quashed, in view of the earlier order of this Court. Hence, no further orders are required in the Writ Petition. Accordingly, the Writ Petition stands closed. No costs.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar pvs To

1. The Collector of Cuddalore District, Cuddalore.

2. The Special Tahsildar, Land Acquisition (Adi Dravida Welfare), Cuddalore.

+1cc to Mr.Gururaj, Advocate, S.R.No. 18863 +1cc to the Government Pleader, S.R.No. 19377 W.P.No.18529 of 2004 MG(CO) GN(10/04/2019) https://hcservices.ecourts.gov.in/hcservices/