G.Sivanandam v. The Government Of Tamilnadu

2025:MHC:2684

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and CMP No. 21529 of 2023 G.Sivanandam Appellant(s) Vs 1.The Government of Tamil Nadu Rep. by its Secretary to Government, Ministry of Housing and Urban Development, Fort St. George, Chennai-600009 2.The Tamil Nadu Housing Board Rep. by its Managing Director, Nandanam, Chennai-600035 3.The Special Deputy Collector (Land Acquisition), CMDA, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-600008 4.The Commissioner Greater Chennai Corporation, Ambattur Township Corporation, Ambattur, Chennai-600053 Respondent(s) Page No.1 of 5

PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed by the Learned Judge in WP.No.6130 of 2018 dated 06.12.2021 For Appellant(s):

Mr.R.Chandrasekaran For Respondent(s):

Mrs.Akila Rajendran Government Advocate For R1 & R3 Ms.P.T.Ramadevi Standing Counsel For R4

J U D G M E N T

(Judgment was delivered by S.M.Subramaniam J.) The writ order dated 06.12.2021 in WP.No.6130 of 2018 is under challenge in the present writ appeal.

2. Section 4(1) notification under Land Acquisition Act, 1984 was issued vide proceedings dated 12.11.1975. Declaration under Section 6 of the Act was issued on 10.11.1978. After completing the inquiry proceedings, an award was passed on 30.07.1981 in Award No.7 of 1981. The compensation amount determined was deposited.

3. WP.No.32539 of 2005 was filed challenging the acquisition proceedings and the learned Single Judge of this Court directed the authorities to consider the representation dated 20.01.2005 submitted by the appellants for re-conveyance. The request of appellants were rejected. Page No.2 of 5

4. Again WP.No.3613 of 2013 came to be instituted and the said writ petition was dismissed by this Court on 17.12.2015. Thus, the acquisition proceedings completed in all respects. Subsequently, Ambattur Neighbourhood Scheme had been developed. Writ Court recorded that after passing an award on 30.07.1981, entire extent of land acquired were utilised for public purposes such as prime commercial, bus stand, road and residential park sites, etc., were established in the acquired lands. Now the public projects are being maintained by the Ambattur Municipality (now Greater Chennai Corporation).

5. In view of the fact that the acquired land had already been utilised by the Government and public projects have been implemented, the claim of the writ petitioner at this length of time is rightly rejected by the Writ Court. The appellants have not established a semblance of legal right to consider their claim. Consequently, the Writ Appeal stands dismissed. no costs. The connected Miscellaneous Petition is closed.

(S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 06-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Page No.3 of 5

Jeni To 1.The Secretary to Government, The Government of Tamil Nadu Ministry of Housing and Urban Development, Fort St. George, Chennai-600009 2.The Managing Director, The Tamil Nadu Housing Board Nandanam, Chennai-600035 3.The Special Deputy Collector (Land Acquisition), CMDA, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-600008 4.The Commissioner Greater Chennai Corporation, Ambattur Township Corporation, Ambattur, Chennai-600053 Page No.4 of 5

S.M.SUBRAMANIAM J.

AND MOHAMMED SHAFFIQ J.

Jeni 06-11-2025 Page No.5 of 5