B.Viswanathan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.444 of 2022 and C.M.P.No.3250 of 2022

1. B.Viswanathan

2. B.Loganathan B.Venugopal (died)

3. B.Sulotchana

4. V.Pappitha

5. V.Narmatha

6. V.Monetha [Cause title accepted vide court order dt.23.2.22 made in MP.2775/22 in WA.SR.10524/22) .. Appellants vs

1. The Government of Tamil Nadu, Rep. by the Secretary to Govt., Housing & Urban Development Department, Fort St. George, Chennai 600 009.

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

3. The Executive Engineer & Administrative Officer, TNHB, Coimbatore Unit, Tatabad, Coimbatore-18.

4. The Special Tahsildar (LA) and Land Acquisition Officer, Housing Scheme Unit-I, Tatabad, Coimbatore.

.. Respondents

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 23.08.2021 passed in W.P.No.27841 of 2014 on the file of this Court.

Prayer in W.P.No.27841 of 2014 :-Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of declaration declaring that the land acquisition proceedings initiated under the Land Acquisition Act 1894 with respect to the lands of an extent of 3.67 acres comprised in S.F. No.58 of an extent of 1.55 acres comprised in S.F. No.59 and an extent of 2.56 acres comprised in S.F. No.63 situated at Veerakeralam Village, Coimbatore, belonging to the petitioners as 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 the Appellants :

Mr.AR.L.Sundaresan, Sr. Counsel for Mr.B.Nedunchezhiyan For the Respondents :

Mr.C.Kadhiravan Spl. G.P. (LA) for R-1 :

Dr.R.Gouri for RR 2 and 3

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) The learned counsel for the appellants prays for withdrawal of the writ appeal with liberty to pursue the case for reconveying the land, which is alleged to have not been utilised other than a small part.

In view of the above, the writ appeal is dismissed as withdrawn with the liberty as prayed for. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

sra To:

1. The Secretary to Government of Tamil Nadu, Housing & Urban Development Department, Fort St. George, Chennai 600 009.

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

3. The Executive Engineer & Administrative Officer, TNHB, Coimbatore Unit, Tatabad, Coimbatore-18.

4. The Special Tahsildar (LA) and Land Acquisition Officer, Housing Scheme Unit-I, Tatabad, Coimbatore.

+1cc to Mr.B.Nedunchezhiyan, Advocate, S.R.No.14227 +1 cc to the Government Pleader, Sr.No.14609(18/03/2022) W.A.No.444 of 2022 SSV[co] NSK 14/03/2022