Mrs.S.K.Y.Sathammal Achi v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.7552 of 2005 and W.P.M.P.No.8250 of 2005 S.K.Y.Sathammai Achi
...Petitioner
Vs 1.The Secretary to Government, Public Works Department, (Irrigation) Fort St. George, Chennai - 600 009.
2.The Chief Engineer, Public Works Department, Water Resources Organization, Chennai Region,Chepauk, Chennai - 600 005.
3.Special Tahsildar (L.A.,) Chennai City Water Ways Scheme, Ambattur, Chennai - 600 053.
...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari calling upon the records relating to G.O.Ms.No.481, PW (R1) Department, Government of Tamil Nadu dated 03.11.2003 as published on 07.11.2003 declaring the lands for acquisition pursuant to G.O.Ms.No.432 PW (R1) Department dated 16.09.2003, published in the Tamil Nadu Government Gazette dated 18.09.2003, issued by the first respondent and quash the same in so far as it relates to the petitioner concerning the wet lands in Old No.56, New No.53, Kathirvedu Village, comprised in S.No.112/1A2, in Patta No.356, to an extent of 0.03.5 Hectares, Kathirvedu Village, Ambattur Taluk, Thiruvallur District.
For Petitioner : Mr.R.Manickavel For Respondents: Mr.Richardson Wilson, Government Advocate
O R D E R
This Writ Petition is filed to issue a Writ of Certiorari calling upon the records relating to G.O.Ms.No.481, PW (R1) Department, Government of Tamil Nadu dated 03.11.2003 as published on 07.11.2003 declaring the lands for acquisition
pursuant to G.O.Ms.No.432 PW (R1) Department dated 16.09.2003, published in the Tamil Nadu Government Gazette dated 18.09.2003, issued by the first respondent and quash the same in so far as it relates to the petitioner concerning the wet lands in Old No.56, New No.53, Kathirvedu Village, comprised in S.No.112/1A2, in Patta No.356, to an extent of 0.03.5 Hectares, Kathirvedu Village, Ambattur Taluk, Thiruvallur District.
2. The learned counsel for the petitioner filed a memo as stated hereunder:
"It is submitted that in the above Writ Petition as per the Sec.6 Declaration Notice, the Special Tahsildar has taken possession of an extent of 0.03.5 Hectare out of 0.08.9 Hectare. After taking possession of the noticed referred lands, the Third Respondent surveyed our remaining lands and laid survey stones and also issued a fresh computerized Patta for the remaining sub division lands measuring an extent of 0.05.5 Hectare. As such there is no such acquisition proceedings pending in respect of our remaining lands, but they have to only pay compensation for the portion of our land they acquired.
Therefore nothing survives in the Writ Petition and suitable and appropriate orders may be passed in the Writ Petition. I have enclosed the Fresh computerized Patta issued after acquisition proceedings. In the above circumstances stated above, this memo may be recorded and thus render justice."
3. In view of the memo filed by the learned counsel for the petitioner nothing survives in this Writ Petition. Accordingly, this Writ Petition is dismissed as infructuous. Consequently, connected miscellaneous petitions are closed. No order as to costs.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rna
To
1. The Secretary to Government, Public Works Department, (Irrigation) Fort St. George, Chennai - 600 009.
2. The Chief Engineer, Public Works Department, Water Resources Organization, Chennai Region, Chepauk, Chennai - 600 005.
3. Special Tahsildar (L.A.,) Chennai City Water Ways Scheme, Ambattur, Chennai - 600 053.
+1cc to Mr.R.Manickavel, Advocate, S.R.No.40170 +1cc to the Government Pleader, S.R.No.40051 W.P.No.7552 of 2005 and W.P.M.P.No.8250 of 2005 SPD(CO) RGA(31/08/2021)