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Madras High CourtWP/29985/2012dismissed as abated

Mr.B.P.Kulasekaran v. The Secretary To Government

2023-11-02Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and M.P.No.1 of 2012 B.P.Kulasekaran ...

Petitioner /vs/ 1.The Secretary to Government Housing & Urban Development Department, Fort.St.George, Chennai - 600 009.

2.The Chairman, No.331, Anna Salai, Nandanam, 3.The Member Secretary, Chennai Matropolitan Development Authority, Thalamuthu Natarajan Building, Egmore, Chennai - 8.

4.The District Collector, Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.

5.The Commissioner, Chennai Corporation, Rippon Building, Chennai.

6.The Tahsildar, (Land Acquisition) 331, Anna Salai, Nandanam, 7.The Tahsildar, Egmore - Nungambakkam Taluk, Spurtank Road, Chetput, Chennai.

8.Kuttiammal 9.Sivarani 10.Dhandapani 11.Naga Raj 12.N.Gopi 13.N.Kumutha 14.Vedamurthy (Builder) ...

Respondents PRAYER : The writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to forfeit the lands in Plot No.4 to an extent of 3890 sq.ft. Comprised in S.No.159/2 and Plot No.7 to an extent of 3071 sq.ft. Comprised in S.No.160/3 (both now comprised in New T.S.No.5 & 8,New Block No.60) situate in Koyambedu Village, Chennai, from the 2nd and 3rd respondents and re-convey the lands to the petitioner in accordance with Sections 16-B and 48-B of the Land Acquisition Act, 1894.

For Petitioner ... Mr.P.Chandrasekaran For Respondent ... Mr.V.Veluchamy Nos.1,4,6 & 7 Additional Government Pleader For Respondent ... Mr.A.M.Ravindranath Jayapal No.2 For Respondent ... Mr.V.Sudalai Selvan No.3 For Respondent ... Mr.G.L.Ravishankar No.14

ORDER

It is represented by the learned counsel appearing for the writ petitioner that the petitioner died on 06.11.2015 itself. In support of the same, the death certificate of the petitioner has been produced before this Court along with his legal heirship certificate. But till date no steps have been taken to implead the legal heirs of the deceased petitioner. Accordingly, the writ petition is dismissed as abated. If the legal heirs of the petitioner are aggrieved by this order, they are at liberty to workout their remedy in the manner known to law. No costs. Consequently, the connected miscellaneous petition is closed.

Index : Yes/No Speaking order: Yes/No 02.11.2023 Neutral case citation: Yes/No sms

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

2.The Chairman, No.331, Anna Salai, Nandanam, 3.The Member Secretary, Chennai Matropolitan Development Authority, Thalamuthu Natarajan Building, Egmore, Chennai - 8.

4.The District Collector, Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.

5.The Commissioner, Chennai Corporation, Rippon Building, Chennai.

6.The Tahsildar, (Land Acquisition) 331, Anna Salai, Nandanam, 7.The Tahsildar, Egmore - Nungambakkam Taluk, Spurtank Road, Chetput, Chennai.

P.VELMURUGAN,J.

sms and M.P.No.1 of 2012 02.11.2023