G.Ramadass, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.24134 OF 2013 G.Ramadass

...Petitioner

Vs

1. The State of Tamilnadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 600 035.

3. The Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board, (Coimbatore Housing Unit), Coimbatore.

... Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in letter No.9739/NeA 3(2)/2013-3 dated 11.06.2013 and to quash the same and consequently direct the respondents to re-convey the lands in Village No.19, Block No.26 Survey Nos.529/1A to an extent of 2.75 acres in Vellakinar Village, Coimbatore North Taluk in petitioner favour.

For Petitioner : M/s.Selvi George For Respondent 1 : Mr.Richardson Wilson, Government Advocate For Respondents : Dr.R.Gouri, 2 & 3 Standing Counsel

O R D E R

This writ petition has been filed to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in letter No.9739/NeA 3(2)/2013-3 dated 11.06.2013 https://hcservices.ecourts.gov.in/hcservices/

and to quash the same and consequently direct the respondents to re-convey the lands in Village No.19, Block No.26 Survey Nos.529/1A to an extent of 2.75 acres in Vellakinar Village, Coimbatore North Taluk in petitioner favour.

2. Challenging the order passed by the first respondent thereby rejected the request to re-convey the property which was already acquired by the respondent. While pending the writ petition, the petitioner challenged the acquisition proceedings on the ground as contemplated under Section 24(2) of the New Act in W.P.No.8707 of 2014 and the same was allowed by this Court by an order dated 07.05.2014. Aggrieved by the same, the Tamil Nadu Housing Board preferred an appeal in W.A.No.1431 of 2014 and the same was also dismissed by the Hon'ble Division Bench of this Court.

3. However, the Tamil Nadu Housing Board filed review application and it is pending in Rev.A.No.179 of 2017. Therefore, already the acquisition proceedings was quashed by this Court and as such the re-conveyance does not arise.

4. Accordingly, this writ petition is dismissed as infructuous. No order as to costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar rna To

1. The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai - 600 035.

3. The Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board, (Coimbatore Housing Unit), Coimbatore.

+1cc to M/s.Selvi George, Advocate, S.R.No.57023 W.P.No.24134 of 2013 JPL(CO) RLP(01/12/2021) https://hcservices.ecourts.gov.in/hcservices/