Madras High CourtWP/2650/2024dismissed as infructuous

B.K.Prabakar, v. The District Collector,

2024-03-07Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN B.K.Prabhakar ... Petitioner Vs.

1 The District Collector , Collector Office, Krishnagiri District, Krishnagiri.

2 The Revenue Divisional Officer, Hosur Taluk, Krishnagiri District.

3 The Special Tahsildar (LA) Tamil nadu Housing Board, Bagalur Road, Hosur.

4 The Tahsildar, Hosur Taluk, Krishnagiri District.

5 The District Revenue Officer, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 4th respondent to cancel patta in the name of TamilNadu Housing Board and to issue patta in the name of legal heirs of Venkatasamy Chetty and legal heirs of Appanna Chetty for the property measuring 1 Acre 40 Cents comprised in S.No.268 situated at Hosur Village, Hosur Taluk, Krishnagiri District by considering the petitioner's representation dated 08.11.2023. For Petitioner : Mr.R.Jayaprakash For R1, R2 & R4 : Mr.T.Arunkumar Additional Government Pleader For R3 & R5 : Mr.S.Ramachandran, SC for TNHB

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the fourth respondent to cancel patta in the name of TamilNadu Housing Board and to issue patta in the name of legal heirs of Venkatasamy Chetty and legal heirs of Appanna Chetty for the property measuring 1 acre 40 cents comprised in S.No. 268 situated at Hosur

Village, Hosur Taluk, Krishnagiri District by considering the petitioner's representation dated 08.11.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader and the learned Standing Counsel appearing for the official respondents and perused the materials available on record.

3. Learned Additional Government Pleader and learned Standing Counsel appearing for the respondents submitted that the respondents have acquired the subject land and the same was handed over to the Acquisition Body and the Housing Board has also taken over the possession. The Award enquiry has been conducted by the Land Acquisition Body and Award has also been passed on 27.03.1985 and further they deposited the award amount at Treasury, Hosur. Further, they have submitted that pending writ petition, the respondents have disposed of the petitioner's representation dated 08.11.2023.

4. Learned counsel appearing for the petitioner admitted that final order has been passed pending writ petition and his representation was considered by the respondents.

5. In view of the above submission made by both the parties, the Writ Petition is dismissed as infructuous. However, the petitioner is at liberty to workout his remedy in the manner known to law. There shall be no order as to costs.

07.03.2024 mfa Index:Yes/No Speaking Order: Yes/No

To 1 The District Collector , Collector Office, Krishnagiri District, Krishnagiri.

2 The Revenue Divisional Officer, Hosur Taluk, Krishnagiri District.

3 The Special Tahsildar (LA) Tamil nadu Housing Board, Bagalur Road, Hosur.

4 The Tahsildar, Hosur Taluk, Krishnagiri District.

5 The District Revenue Officer, Tamil nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai.

P.VELMURUGAN, J.

mfa 07.03.2024