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Madras High CourtWP/6118/2013allowed

Gandhimathi (Deceased) v. The Secretary To Government

2025-09-03Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P. No.6118 of 2013

1. Gandhimathi (Deceased)

2. Brindavathi

3. T.Venkatesh

4. C.Vennila

5. Thilagavathi (P3 to P5 are substituted as LRs of the deceased P1 as per order dated 09.01.2025 in WMP No.979 of 2025 in W.P.No.6118 of 2013) .....

Petitioners in W.P.No.6118 of 2013

1. D.Namachivayam

2. D.Srinivasan (Deceased)

3. Thenmozhi

4. Malar

5. Mahalakshmi (P3 to P5 are substituted as LRs of the deceased P2, as per order dated 09.01.2025 in WMP No.980 of 2025 in W.P.No.6119 of 2023.

....

Petitioners in W.P.No.6119 of 2013 Manokaran ....

Petitioner in W.P.No.6120 of 2013 Vs

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

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Anna Salai, Chennai - 35.

3. The Executive Engineer/Administrative Officer, Tamil Nadu Housing Board, Salem Housing Unit, Salem - 636 008.

.....

Respondents in all W.Ps Prayer in W.P.No.6118 of 2013 : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the 3rd respondent in his Letter No.Ni.A.1/7337/79, dated 25.02.2013 and quash the same and consequently direct the respondents to reconvey the petitioners land situate in S.No.83/3, Ayyamperumalpatti Village, Salem Taluk & District to the extent of 2.59 acres and 0.27 acres situated in S.No.83/2 of land, Ayyamperumalpatti Village, Salem Taluk & District to the petitioners. Prayer in W.P.No.

6119 of 2013 : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the 3rd respondent in his Letter No.Ni.A.1/7337/79, dated 25.02.2013 and quash the same and consequently direct the respondents to reconvey the petitioners land situated in S.No.82/1, Ayyamperumalpatti Village, Salem Taluk & District to the extent of 1.11.0 hectares of land to the petitioners.

Prayer in W.P.No.6120 of 2013 : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order passed by the 3rd respondent in his Letter No.Ni.A.1/7337/79, dated 25.02.2013 and quash the same and consequently direct the respondents to reconvey the petitioner's land situated in S.No.83/3, Ayyamperumalpatti Village, Salem Taluk & District to the extent of 0.93 acres of land to the petitioners. For Petitioners (in all W.Ps) : Mr.C.Prakasam For R1 (in all W.Ps) : Mr.T.Arun Kumar Addl. Government Pleader For R2 & R3 (in all W.Ps) : Mr.J.Pachiappan Standing Counsel COMMON ORDER These Writ Petitions have been filed challenging the impugned order dated 25.02.2013 passed in Letter No.Ni.A.1/7337/79 by the 3rd respondent, thereby rejecting the request made by the petitioners to re-convey the respective lands of the petitioners, which were already acquired by the Housing Board.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The very same issue was dealt with by this Court in a batch of writ petitions in W.P.Nos.44494 of 2006, etc. batch, by order

dated 02.09.2025. Therefore, the same relief is to be extended to the petitioners herein.

4. In terms of the aforesaid order passed by this Court in W.P.Nos.44494 of 2006 etc. batch, dated 02.09.2025, the impugned order dated 25.02.2013 passed in Letter No.Ni.A.1/7337/79 by the third respondent is hereby quashed. The respondents are directed to effect necessary changes in the revenue records, by incorporating the names of the petitioners with respect to the said lands.

5. In the result, these Writ Petitions are allowed. There shall be no order as to costs.

03.09.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To

1. The Secretary to Government,

Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Anna Salai, Chennai - 35.

3. The Executive Engineer/Administrative Officer, Tamil Nadu Housing Board, Salem Housing Unit, Salem - 636 008.

G.K.ILANTHIRAIYAN. J, Lpp

03.09.2025