K.Tulasi v. The State Of Tamilnadu Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2018

CORAM

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR W.P.No.20147 of 2004 and W.M.P.No.24240 of 2004

1. K. Tulasi

2. T.Jagada

...Petitioners

..Vs..

1.Government of Tamilnadu represented by its Secretary to Housing and Urban Development Dept, Fort St.George, Chennai-600 009.

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

3. The Special Tahsildar Land Acquisition Tamil Nadu Housing Board, Nandanam, Arignar Anna Shopping Complex, Tirumangalam Chennai 600 101.

...Respondents

Prayer:

Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the Land Acquisition proceedings i.e.4(1) Notification contained in G.O.Ms.No.978, Housing and Urban Development Department dated 17.08.1990 published on 05.09.1990, Section 6(1) Declaration in G.O.Ms.No.1306, Housing and Urban Development Dept. dated 28.09.1991 on the file of the 1st respondent in so far as it relates to the land bearing plot No.25, in S.No.322 in Keelkattalai Village, (MadipakkamII), Saidapet Taluk, Kanchipuram District, measuring an extent of 2400 sq.ft, quash the above said impugned order

and further direct the respondents to release the above said lands from the acquisition proceedings.

For petitioners : Mr.P.Srinivasan For Respondent-2 : Mr.B.Vivekavanan For Respondents 1 and 3: Mr.M.Elumalai, Government Advocate

ORDER

This Writ Petition has been filed challenging the acquisition proceedings by a notice issued under Section 4

(1) of the Land Acquisition Act contained in G.O.Ms.No.978, Housing and Urban Development Department dated 17.08.1990 published on 05.09.1990 and the declaration issued under Section 6(1) of the said Act in G.O.Ms.No.1306, Housing and Urban Development Department dated 28.09.1991 on the file of the first respondent pertaining to the land bearing plot No.25 in S.No.322, Keelkatttalai Village (Madipakkam-II), Saidapet Taluk, Kanchipuram District to an extent of 2400 sq.ft.

2.

Though this writ petition was filed challenging the said acquisition notification in so far as the said land is concerned, during the pendency of the writ petition, as there was an interim order of stay of dispossession of the petitioners, subsequently, it seems that the petitioners have sold the property to one R.P.Shanmugam, S/o.R.Palaniappan, by a registered Sale Deed dated 11.04.2005, which was registered as document No.1723/2005 on the file of the Sub Registrar, Pallavaram. 3.

In this regard, the learned standing counsel appearing on behalf of the respondent-Housing Board, having produced the photocopy of the said sale deed, has submitted that, since the land in question had already been sold to a third party and the third party interest has also been created, by virtue of that, the purchaser of the land, from the petitioners, has already made a request on 16.05.2018 to the respondent-Housing Board seeking for NOC and the said issue is pending consideration before the Housing Board. By virtue of this development, the learned standing counsel would submit that, the petitioners have lost their capacity as owners of the land in question and therefore, as of now, they do not have any locus to maintain the writ petition and to proceed further.

4.

When this was pointed out, the learned counsel appearing for the petitioners would submit that, though no such instructions had been given by the petitioners that they sold the property during the pendency of the writ petition by way of registered Sale Deed dated 11.04.2005, since the photocopy of the document is produced by the learned Standing counsel for the respondent-Board and also the copy of the request letter given by the purchaser from the petitioners, the same can be taken judicial note of by this Court and accordingly, suitable orders can be passed. 5.

I have considered the said submissions made by the learned counsels appearing for the parties and perused the materials available on record.

6.

As has been pointed out by the learned standing counsel appearing for the Housing Board, the property in question, which is the subject matter of land acquisition proceedings, challenged in this writ petition, had been sold by the very same petitioners to one R.P.Shanmugam, S/o.R.Palaniappan by a registered sale deed dated 11.04.2005 and the same was registered in document No.1723/2005 in book No.I containing 12 pages at the office of the Sub Registrar, Pallavaram.

7. Pursuant to the said sale, the present purchaser (i.e) R.P.Shanmugam has given a request letter dated 16.05.2018 to the respondent-Housing Board seeking NOC. In view of these developments, no doubt, the petitioners have lost their right to pursue the writ petition, as they have already sold the property to a third party, who became the owner of the property, of course, subject to the decision to be made by the respondent-Housing Board with regard to his request.

8.

In view of the above, this writ petition cannot be proceeded further at the instance of the petitioners and therefore, it is liable to be dismissed.

9.

Accordingly, the writ petition is dismissed. No costs. Consequently connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar srn

To

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

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

3. The Special Tahsildar Land Acquisition Tamil Nadu Housing Board, Nandanam, Arignar Anna Shopping Complex, Tirumangalam Chennai 600 101.

+1cc to Mr.B.Vivekavanan , Advocate SR.No. 59206 +1 CC TO GOVERNMENT PLEADER SR.NO. 59772 +1cc to Mr.P.Srinivasan , Advocate SR.No. 60062 W.P.No.20147 of 2004 and W.M.P.No.24240 of 2004 CA(CO) ASK(20/09/2018)