T.G. Krishnamoorthy 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.Nos.37429 & 37430 of 2005 and WPMP.Nos.40112 & 40114 of 2005 T.G.Krishnamoorthy ... Petitioner in WP.No.37429/2005 N. Ranganayaki ... Petitioner in WP.No.37430/2005 Vs.
1. The State of Tamil Nadu, represented by its Secretary, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
2. The Land Acquisition and The Special Tahsildar,(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.
... Respondents in both Wps.
(R-3 Impleaded as per Court Order dt 30.01.2014 in WPMP.No.492/2011 & WMP No.493/11 in WP Nos.37429 & 37430/05) Common Prayer:
Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the second respondent in G.O.Ms.No.20 dated 20.09.2002 issued under Sec.4(1) of the Land Acquisition Act and subsequent notification issued by 1st respondent in G.O. Ms.No.258 dated 14.10.2003 issued under Sec.6 of Land Acquisition Act and quash the same with respect to the petitioner's property viz., the land situated in S.Nos.17/1B, 17/2A, 17/2B, 31/1, 32/1C, and
32/3 and 18/1C respectively in Perumalagaram Village, Ambattur Taluk, Tiruvallur District.
For Petitioners in both Wps. : Mr.T.R.Rajaraman For Respondents in both Wps. : Mr.M.Elumalai for RR1 & 2 Government Advocate Mr.M.Baskar R-3 C O M M O N 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, these writ petitions are dismissed. No costs. Consequently, connected miscellaneous
petitions are 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 Secretary, The State of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
2. The Land Acquisition and The Special Tahsildar,(Unit II), Tamil Nadu Housing Board Schemes, Nandanam, Chennai - 600 035.
+1cc to Mr.T.R.Rajaraman, Advocate SR.No.51540 +1cc to Mr.M.Baskar, Advocate SR.No.51346 W.P.Nos.37429 & 37430 of 2005 and WPMP.Nos.40112 & 40114 of 2005 BS(CO) GMY(14/10/2019)