Tmt. Rajalakshmi, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2015

CORAM

THE HONOURABLE MR.JUSTICE N. KIRUBAKARAN W.P.No.33426 of 2015 Rajalakshmi ... Petitioner Vs.

1. The Government of Tamil Nadu Rep. By its Secretary, Housing and Urban Development Fort St. George, Chennai.

2. The Special Tahsildar, (L.A) Unit-1, Tamilnadu Housing and Neighbourhood Scheme Nandanam, Chennai - 101.

3. The Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai - 35. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring that the land acquisition proceedings initiated by the respondents in respect of the petitioner's lands in S.No.421/2A2 and 421/3B1 measuring about 6540 sq.ft i.e., 15 cents out of 46 cents Sholinganallur Village, Old Mahabalipuram Road, Chennai, have lapsed u/s.24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013.

For petitioner : Mr.C.Yokesh For Respondents : Mr.Vivekavanan

O R D E R

By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

2. Writ petitioner is filed for issuance of a Writ of Declaration declaring that the land acquisition proceedings initiated by the respondents in respect of the petitioner's lands in S.No.421/2A2 and 421/3B1 measuring about 6540 sq.ft i.e., 15 cents out of 46 cents Sholinganallur Village, Old Mahabalipuram Road, Chennai, have lapsed u/s.24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013.

3. It is evident that as on date, the petitioner has no right over the property as she had already settled the property by virtue of settlement deed dated 28.08.2014 vide document No.6112 of 2014. However, the petitioner has suppressed this fact in order to get directions from this Court. As already stated, since the petitioner has no right over the property in question, the Writ Petition is dismissed with a warning to the petitioner not to repeat the act of misleading the Court in future. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gv To

1. The Secretary, Government of Tamil Nadu Housing and Urban Development Fort St. George, Chennai.

2. The Special Tahsildar, (L.A) Unit-1, Tamilnadu Housing and Neighbourhood Scheme Nandanam, Chennai - 101.

3. The Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai - 35.

+1cc to Mr.B.Vivekavanan, Advocate, S.R.No.58430 W.P.No.33426 of 2015 TM(CO) CA(16/11/2015)