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Madras High CourtWP/23649/2016dismissed

G.Balasubramanian, v. The Secretary To Government,

2023-12-15Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.23649 of 2016 and W.M.P. Nos.20252 and 20253 of 2016 G.Balasubramanian ... Petitioner Vs.

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

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

3. The Special Tahsildar (LA-Unit II) Tamil Nadu Housing Board Nandanam, Chennai - 600 035

4. The Assistant Director Town and Country Planning Zonal Joint Director (Incharge) Chengalpattu Zone No.124, G.S.T. Road, Chengalpattu - 603 001

5. The Zonal Joint Director Town and Country Planning No.124, G.S.T. Road, Chengalpattu - 603 001 ... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records of the 4th respondent pertaining to passing of the Technical Sanction by the 4th respondent in Na.Ka.No.1622/2015/Che.Ma.3, dated 28.09.2015 in respect of the petitioner's lands in Survey Nos.87/2B1, 87/2B2, 87/2B3 and 87/2B4, measuring 1.64 Acres in No.241, Alapakkam Village, Chengalpattu Taluk, Kancheepuram District, quashing the same and consequentially forbearing the respondents herein, their Subordinates, Servants or any other persons through them from interfering with the peaceful possession and enjoyment of the petitioner's lands in Survey Nos.Nos.87/2B1, 87/2B2, 87/2B3 and 87/2B4, measuring 1.64 Acres in No.241, Alapakkam Village, Chengalpattu Taluk, Kancheepuram District.

For Petitioner : Mr.M.S.Subramanian For Respondents : Mr.V.Veluchamy Additional Government Pleader for R1, R3, R4 and R5 : Mr.A.M.Ravindranath Jeyapal Standing Counsel for TNHB for R2

ORDER

The Writ Petition is filed seeking to issue a writ of Certiorarified Mandamus to call for the records of the 4th respondent pertaining to passing of the Technical Sanction by the 4th respondent in 2/5

Na.Ka.No.1622/2015/Che.Ma.3, dated 28.09.2015 in respect of the petitioner's lands in Survey Nos.87/2B1, 87/2B2, 87/2B3 and 87/2B4, measuring 1.64 Acres in No.241, Alapakkam Village, Chengalpattu Taluk, Kancheepuram District, quashing the same and consequentially forbearing the respondents herein, their subordinates, servants or any other persons through them from interfering with the peaceful possession and enjoyment of the petitioner's lands in Survey Nos.Nos.87/2B1, 87/2B2, 87/2B3 and 87/2B4, measuring 1.64 Acres in No.241, Alapakkam Village, Chengalpattu Taluk, Kancheepuram District.

2. Since, this Court, in W.P.No.4087 of 2018, today allowed the said Writ Petition, thereby quashing the entire land acquisition proceedings and hence, the present writ petition filed challenging the consequential proceedings, shall stand quashed and the present Writ Petition is also allowed. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.

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To

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

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

3. The Special Tahsildar (LA-Unit II) Tamil Nadu Housing Board Nandanam Chennai - 600 035

4. The Assistant Director Town and Country Planning Zonal Joint Director (Incharge) Chengalpattu Zone No.124, G.S.T. Road, Chengalpattu - 603 001

5. The Zonal Joint Director Town and Country Planning No.124, G.S.T. Road, Chengalpattu - 603 001 4/5

P.VELMURUGAN. J.

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