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Madras High CourtWP/16248/2015withdrawn dismissed

R.Munivenkatappa, v. The Government Of Tamil Nadu

2015-06-09Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09-06-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.16248 of 2015 1.R.Munivenkatappa 2.R.Logesh

...Petitioners

vs

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

2. The Tamil Nadu Housing Board Rep. By its Chairman and Managing Director Nandanam, Mount Road, Chennai 600 035.

3. The District Collector Krishnagiri District

4. The Special Tahsildar Land Acquisition Housing Scheme, Hosur 635 109

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of declaration declaring the land acquisition proceedings initiated pursuant to the notification of G.O.Ms.No.908, Housing and Urban Development Department, dated 31.5.1991, under Section 4(1) of the Land Acquisition Act published at page Nos.13 and 14 of Supplement to Part II Section 2 of Tamil Nadu Government Gazette dated 17.7.1991, and further Section 6 declaration issued in G.O.Ms.No.576, Housing and Urban Development Department, dated 1.9.1992, published in page Nos.3 and 4 of Extraordinary issue of Part II, Section 2 of Tamil Nadu Government Gazette dated 1.9.1992, in respect of the land situate in Survey No.798/1, to an extent of 0.57.5 hectares in Chinnathur Village, Hosur Taluk, Krishnagiri District, belonging to the petitioners, as lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

For Petitioners :

Mr.K.Rajasekaran For Respondents :

Mr.S.Pattabiraman Government Advocate for RR1, 3 and 4 Mr.V.Anandamoorthy for R2

ORDER

After some arguments, the learned Counsel appearing for the petitioners, prays for permission to withdraw the writ petition with liberty to submit a representation with regard to the non-passing of the award, and also made an endorsement to that effect. 2.Mr.S.Pattabiraman, learned Government Advocate, takes notice for the respondents 1, 3 and 4 and Mr.V.Anandamoorthy, learned Counsel takes notice for the second respondent. 3.Permission is granted, and the writ petition is dismissed as withdrawn and the liberty sought for by the petitioner, is granted. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar nsv To

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

2. The Chairman and Managing Director Tamil Nadu Housing Board Nandanam, Mount Road, Chennai 600 035.

3. The District Collector Krishnagiri District

4. The Special Tahsildar Land Acquisition Housing Scheme, Hosur 635 109 1 CC to Mr.K.Rajasekaran, Advocate SR.No. 27827 1 CC to the Government Pleader, SR.No. 28095 W.P.No.16248 of 2015 MP (CO) PSI (18.06.2015)