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Madras High CourtWMP/12941/2016ordered

Mrs.M.Premavathi, v. The Inspector General Of

2016-04-21Honourable Mr Justice R.Subbiah2 pages

WMP.No.12941 of 2016 in WP.No.12439 of 2015 R.SUBBIAH, J.

The above miscellaneous petition has been filed to implead the Special Tahsildar, Land Acquisition, Tamil Nadu Housing Board, Nandanam, Chennai-35 as the 4th Respondent in the above Writ Petition.

2. The above Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd Respondent in proceedings No.IG Lr.No.18339/C1/2012 (25.04.2012), dated 10.03.2015, refusing to register the General Power of Attorney dated 10.03.2015 submitted by the Petitioner and to quash the same and to direct the Respondents 1 and 2 to register the said document executed and presented for the residential property, namely, Ramana Apartments, Flat No.B1, First Floor, Ambal Nagar, Barathi Street, Ramapuram, Chennai 600089, measuring an extent of 1050 sq.ft of built up area along with 510 sq.ft. of undivided share of land out of 6927 sq.ft.

2. The learned Additional Government Pleader for the Respondents has also no objection for allowing this miscellaneous petition.

4. The document in question of the Petitioner was rejected on the ground that the survey number mentioned in the said document was relating to Patta No.785 issued in favour of the Tamil Nadu Housing Board. According to the Petitioner, in so far as the acquisition proceedings relating to his property is concerned, the same was quashed by this court in WP.No.11841 of 1986, by order dated 31.10.1991, which became final, as no appeal has been filed as R.SUBBIAH, J.

Srcm against the same, either by the Tamil Nadu Housing Board or the Special Tahsildar concerned. In order to ascertain as to whether any appeal has been filed as against the said order dated 31.10.1991 or not, the Special Tahsildar, Land Acquisition, Tamil Nadu Housing Board, Nandanam, Chennai-35, is a necessary and proper party to be impleaded in the above Writ Petition as the 4th Respondent for effective adjudication of the matter. Therefore, this miscellaneous petition is allowed, as prayed for. 28.04.2016 Index:Yes/No Web:Yes/No Srcm Note to Office:- The Registry is directed to post the Writ Petition after summer vacation after making necessary amendment.

WMP.No.12941 of 2016 in WP.No.12439 of 2015