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Madras High CourtWP/34911/2014withdrawn dismissed

T.Boopathi v. The State Of Tamilnadu

2015-07-14Honourable Mr Justice M. Sathyanarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 14.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.Nos.34911 to 34921 of 2014 T.Boopathi ... Petitioner in W.P.No.34911 of 2014 Chellammal ... Petitioner in W.P.No.34912 of 2014 Lakshmi ... Petitioner in W.P.No.34913 of 2014 Ramathal ... Petitioner in W.P.No.34914 of 2014 W/o.Kaliappa Gounder S.Velumani ... Petitioner in W.P.No.34915 of 2014 V.C.Shanmugam ... Petitioner in W.P.No.34916 of 2014 V.S.Krishnasamy ... Petitioner in W.P.No.34917 of 2014 S.Sivashanmugam ... Petitioner in W.P.No.34918 of 2014 Ramathal ... Petitioner in W.P.No.34919 of 2014 W/o.Ramasamy Gounder V.Meenakshi ... Petitioner in W.P.No.34920 of 2014 M.Balasubramaniam ... Petitioner in W.P.No.34921 of 2014

Versus

1 The State of Tamilnadu Rep by its Secretary to Government Revenue Department Fort St. George Chennai 9 2 The State of Tamilnadu Rep by its Secretary to Government Housing and urban Development Department Fort St.

George Chennai 9 3 The Director cum Special Tahsildar Tamilnadu Boodhan Board Chennai 4 The Member Secretary/ Commissioner of Land Reforms Tamilnadu Boodhan Board Chennai 5 5 The Chairman and Managing Director Tamilnadu Housing Board Nandanam Chennai 35 6 The District Collector Collectorate Complex Coimbatore District Coimbatore 7 The Executive Engineer and Administrative Officer TNHB Unit Coimbatore Tatabad Coimbatore

8 The Boomidhan Inspector District Boomidhan Office Tahsildar (South) Office Compound Coimbatore 9 The Special Tahsildar (L.A) Housing Scheme Unit I Coimbatore 10 The Tahsildar Taluk Office Mettupalayam Coimbatore District . Respondents 1 to 10 herein in all WPs Prayer in W.P.No.34911/2014: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of declaration, declaring the Land Acquisition proceedings initiated under Sec.4 (1) of the Land Acquisition Act 1894 in respect of the lands comprised Survey No.21 measuring an extent of 2.08 Acres and in Survey No. 475 measuring an extent of 2.60 Acres situated at Vellakinaru Village Coimbatore (North) Taluk Coimbatore District deemed to have lapsed in view of Sec.

24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 (Act 30/2013) and consequently direct the respondents to re-assign/re-allott the lands with power of alienation comprised Survey No.17 measuring an extent of 2.08 Acres and in Survey No. 475 measuring an extent of 2.60 Acres, situated at Vellaikinaru Village, Coimbatore (North) Taluk, Coimbatore District in favour of the Petitioner. Prayer in W.P.No.

comprised in Survey No.21 measuring an extent of 2.94 Acres. Comprised in Survey No.21 measuring an extent of 2.94 Acres. Prayer in W.P.No.34913/2014:

comprised Survey No.16 measuring an extent of 4.07 Acres, Prayer in W.P.No.34914/2014:

comprised Survey No.474 measuring an extent of 5.00 Acres Prayer in W.P.No.34915/2014:

comprised Survey No.474 measuring an extent of 2.39 Acres and Survey No.476/2 measuring an extent of 2.93 Acres. Survey No.474 measuring an extent of 2.39 Acres and totally measuring 5.32 acres Prayer in W.P.No.34916/2014:

comprised in Survey No.17/1 measuring an extent of 0.42.0 cents and land in Survey No.17/2A measuring an extent of 0.85.5 cents and Survey No.17/1 measuring an extent of 0.42.0 cents and

land in Survey No.17/2A measuring an extent of 0.85.5 cents. Prayer in W.P.No.34917/2014:

comprised in Survey No.6/1A1B measuring an extent of 2.00 Acres.

Prayer in W.P.No.34918/2014:

comprised Survey No.5A measuring an extent of 2.00 Acres Prayer in W.P.No.34919/2014:

comprised in Survey No.12 measuring an extent of 3.87 Acres and Survey No.13 an extent measuring 1.00 acre and totally measuring 4.87 Acres , and Survey No.13 an extent measuring 1.00 acre and totally measuring 4.87 cents.

Prayer in W.P.No.34920/2014:

comprised in Survey No.18/1 2 & 3 measuring an extent of 3.12 Acres and in Survey No.476/1 an extent measuring 2.84 acre totally measuring 5.96 acres Prayer in W.P.No.34921/2014:

comprised in Survey No.505 measuring an extent of 1.98 Acres Survey No.507/2 measuring an extent of 0.39 cents and Survey No.512 measuring an extent of 2.19 acres and totally measuring 4.56 acres For Petitioner : Mr.N.Suresh Kumar in all W.Ps.

For Respondents : Mr.V.Subbiah (for R1 to R4, R6, R8 to R10) in all W.Ps. Special Government Pleader Mr.B.Vivekavannan (for R5 & R7)

O R D E R

Mr.N.Suresh Kumar, learned counsel appearing for the petitioners has circulated a letter dated 10.07.2015 to the Registry seeking permission to withdraw these writ petitions. The letter dated 10.07.2015, shall be treated as part of record.

2. Recording the same, all these writ petitions are dismissed as withdrawn. No Costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar

ars To 1 The Secretary to Government Revenue Department Fort St. George Chennai 9 2 The Secretary to Government State of Tamilnadu Housing and urban Development Department Fort St. George Chennai 9 3 The Director cum Special Tahsildar Tamilnadu Boodhan Board Chennai 4 The Member Secretary/ Commissioner of Land Reforms Tamilnadu Boodhan Board Chennai 5 5 The Chairman and Managing Director Tamilnadu Housing Board Nandanam Chennai 35 6 The District Collector Collectorate Complex Coimbatore District Coimbatore 7 The Executive Engineer and Administrative Officer TNHB Unit Coimbatore Tatabad Coimbatore 8 The Boomidhan Inspector District Boomidhan Office Tahsildar (South) Office Compound Coimbatore 9 The Special Tahsildar (L.A) Housing Scheme Unit I Coimbatore 10 The Tahsildar Taluk Office Mettupalayam Coimbatore District.

1 cc to Government Pleader.Sr.No.35732 1 cc to Mr. .B.Vivekavannan, Advocate Sr.No.35499 W.P.Nos.34911 to 34921 of 2014 lrs(co) pmk.31.7.2015