P.Sundarajan v. State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2018 CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE W.P.No.17498 of 2017 and WMP.No.18983 of 2017 P.Sundarajan ... Petitioner -Vs1.State of Tamil Nadu Rep by Secretary to Government Housing and Urban Development Fort St.George, Chennai - 600 009.

2.Tamil Nadu Housing Board Rep by its Chairman Nandanam, Chennai - 600 035.

3.The Executive Engineer and Administrative Officer T.N.H.B. Mogappair Division 3rd Floor, Arignar Anna Shopping Complex Thirumangalam, Chennai - 600 101.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration to declare that the land acquisition proceedings initiated by the respondents in G.O.Ms.No.261-Housing, 23.10.1975 published in Government Gazette dated 12.11.1975 under the Land Acquisition Act, 1894 in respect of land measuring 54 cents comprised in Survey No.350/2 situated in Mogappair Village, Ambattur Taluk, Tiruvallur, have lapsed as per the provisions of Sec.24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013).

For Petitioner : Mr.S.P.Sudalaiyandi For Respondents : Mr.Akhil Akbar Ali Government Advocate [for R1] Mr.B.Vivekavannan [ for R2 & R3]

ORDER

The learned counsel for the petitioner submits that he is withdrawing this writ petition and he has made necessary endorsement in the case bundle.

2. Intervening the matter, Mr.B.Vivekavannan, learned counsel appearing for the first and second respondents submitted that a counter along with typed set of papers have been filed alleging that the petitioner has sold the property/fabricated the documents in favour of others, with the sole intention to defeat the acquisition made and his present prayer to withdraw this petition is a ruse to facilitate a possible, if not potentially misuse of sale deeds so made. He added that the entire property acquired has been fully utilised.

3. The basic principle is that the petitioner being the architect of the petition, will be at liberty to prosecute it or to withdraw it. The role of the Court comes to play only if the petitioner seeks to withdraw the petition with the leave to file a second petition on the same cause of action, but that however was not intended/admitted by the petitioner. As to the apprehension of the learned counsel appearing for the Tamil Nadu Housing Board that the sale deeds alleged by him as having been fabricated/brought into existence with a solitary idea of defeating the acquisition proceedings is concerned, the Government may proceed against such alleged transactions separately as per law.

With the above observation, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar ds To:

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

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

3.The Executive Engineer and Administrative Officer T.N.H.B. Mogappair Division 3rd Floor, Arignar Anna Shopping Complex Thirumangalam, Chennai - 600 101.

+1cc to Mr.B.VIVEKA VANAN Advocate, S.R.No. 135 W.P.No.17498 of 2017 TR(18/01/2018)