K. Chandrakumari v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.37413 of 2005 and WPMP.No.40097 of 2005

1. L.Chandrakumari

2. Loganathan

3. K.Kumar ... Petitioners Vs.

1. The State of Tamil Nadu, represented by its Secretary, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2. The Special Tahsildar, (Land Acquisition), Unit II, Tamil Nadu Housing Board Schemes, Nandanam, Chennai - 600 035.

3.Tamil Nadu Housing Board represented by its Executive Engineer and Administrative Officer, Mogappair Division, Tamil Nadu Housing Board, Chennai - 600 101.

(R3-Impleaded as per Order of this Court dt 30.01.2014 in WPMP.No.491/2011 in WP No.37413/2005) ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the record of the first respondent in G.O.Ms.No.258 Housing Urban Development L.A.1(2) dated 10th October 2003 and quash the same with respect to the petitioner's lands situated in S.No.7/3B, in Perumalagaram Village, Block 3, Ambattur Taluk, Thiruvallur District to an extent of 0.20.0 hectares.

For Petitioners : Mr.S.Balasubramanian For Respondents : Mr.M.Elumalai RR1 & 2 Government Advocate Mr.M.Baskar R-3 TNHB

O R D E R

In an earlier occasion, the very same Government Order was already challenged before this court and the Hon'ble Division Bench of this court in W.A.No.1048 of 2007 has decided the relevant portion as follows:

"2. A learned Single Judge of this court, after hearing the learned counsel appearing on either side, dismissed the writ petition stating that the last publication of the Notification under Section 4

(1) of the Land Acquisition Act was issued on 18.10.2002 and therefore the Declaration under Section 6 of the Act made on 14.10.2003 was within time.

3. Challenging the said order, the appellant has filed the present writ appeal.

4. We heard the learned counsel appearing on either side and perused the entire materials available on record.

5. It is seen from the materials available on record that the main attak on the land acquisition proceedings by the appellant is that the Declaration has not been issued within one year from the date of publication of 4(1) Notification as is mandated under the Land Acquisition Act. But, the learned Single Judge, after going through the materials placed on record thoroughly, has arrived at the factual conclusion that the Declaration has been issued within one year from the date of publication of the Notification under Section 4 (1) of the Act. On re-appreciation of the entire materials placed on record, we are in total confirmity with the finding of the learned Single Judge and we see no reason to interfere with the same. Consequently, the writ appeal fails and it is dismissed. No costs. Connected miscellaneous petition is closed."

2. The decision of the Hon'ble Division Bench is squarely applicable to the present case also. Hence, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. However, it is open to the petitioners to workout their remedy in the manner known to law. Sd/- Assistant Registrar(Insp.cell) //True copy// Sub Assistant Registrar gv

To

1. The State of Tamil Nadu, represented by its Secretary, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2. The Special Tahsildar, (Land Acquisition), Unit II, Tamil Nadu Housing Board Schemes, Nandanam, Chennai - 600 035.

3. The Executive Engineer and Administrative Officer, Mogappair Division, Tamil Nadu Housing Board, Chennai - 600 101.

+1cc to Mr.M.Baskar, Advocate SR.No.51347 +1cc to Government Pleader SR.No.51739 W.P.No.35413 of 2005 and WPMP.No.40097 of 2005 BS(CO) GMY(14/10/2019)