Himatlal C.Shah v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Himatlal C.Shah ... Petitioner Vs.

1.State of Tamil Nadu, Rep.by Secretary to the Government, Housing and Urban Development, St.George Fort, Chennai 600 009 2.The Chairman Tamil Nadu Housing Board, No.334, Nandanam, Chennai 600 035 3.Executive Engineer and Administrative Office, Coimbatore Housing Unit, TATA Bad Coimbatore-12 4.The Special Tahsildar(LA), Land Acquisition Housing Scheme No.3, TATA Bad Coimbatore-12 5.The Tahsildar, Coimbatore North, Dr.Sanmugam Road, Coimbatore-18 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Declaration declaring that the 1/6

notification issued by the first respondent under Section 4(1) of the Land Acquisition Act, 1894 in GO.Ms.No.799 (Housing and Urban Development) dated 13.08.1982, the declaration issued under Section 6 of the old Act in GO.Ms.No.1426(Housing and Urban Development Department) dated 20.09.1983 and the award in Award No.4 of 1986 dated 23.09.1986 as lapsed, in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Settlement Act, 2013 (Act 30 of 2013) and consequently direct the fifth respondent to effect necessary changes in the Town Survey Land Register by including the petitioner's name as owner of the property admeasuring 19 cents and 382 sq.ft. with respect to petitioner's land in survey No.434, Telungupalayam Village, Coimbatore District. For Petitioner : Mr.P.Rubin for Mr.Amarnath R.N.

For Respondents For R1,4 & 5 : Mr.G.Velu, Additional Government Pleader For R2 & 3 : Mr.V.Gunasekar, Standing Counsel 2/6

O R D E R

This writ petition has been filed to issue a Writ of Declaration declaring that the notification issued by the first respondent under Section 4(1) of the Land Acquisition Act, 1894 in GO.Ms.No.799 (Housing and Urban Development) dated 13.08.1982, the declaration issued under Section 6 of the old Act in GO.Ms.No.1426(Housing and Urban Development Department) dated 20.09.1983 and the award in Award No.4 of 1986 dated 23.09.1986 as lapsed, in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Settlement Act, 2013 (Act 30 of 2013) and consequently direct the fifth respondent to effect necessary changes in the Town Survey Land Register by including the petitioner's name as owner of the property admeasuring 19 cents and 382 sq.ft. with respect to petitioner's land in survey No.434, Telungupalayam Village, Coimbatore District.

2.

The learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition and he has also made an 3/6

endorsement to that effect.

3.

In view of the endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. There shall be no order as to costs.

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To 1.Secretary to the Government, State of Tamil Nadu, Housing and Urban Development, St.George Fort, Chennai 600 009 2.The Chairman Tamil Nadu Housing Board, No.334, Nandanam, Chennai 600 035 3.Executive Engineer and Administrative Office, Coimbatore Housing Unit, TATA Bad Coimbatore-12 4.The Special Tahsildar(LA), Land Acquisition Housing Scheme No.3, TATA Bad Coimbatore-12 5.The Tahsildar, Coimbatore North, Dr.Sanmugam Road, Coimbatore-18 6.The Government Advocate, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

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