D.Kamakashi Rama Rao v. The State Of Tamilnadu
In the High Court of Judicature at Madras Dated : 17.2.2025 Coram :
The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition Nos.22852 to 22855 of 2014 & MP.Nos.1,1,1 and 1 of 2014 D.Kamakshi Rama Rao
...Petitioner in
WP.No.22852 of Leena Susan Isaac
...Petitioner in
WP.No.22853 of Mary Kurian
...Petitioner in
WP.No.22854 of Thankamma Kuruvilla
...Petitioner in
WP.No.22855 of Vs 1.The State of Tamil Nadu, rep.
by its Secretary, Housing & Urban Development Department, Fort St.George, Chennai-9.
2.The Chairman, Tamil Nadu Housing Board, 331, Anna Salai, Nandhanam, Chennai.
3.The Special Tahsildar, Land Acquisition Unit 1, Tamil Nadu Housing Board Scheme, Nandhanam, Chennai-35.
...Respondents
in all the WPs 1/6
PETITIONS under Article 226 of The Constitution of India praying for the issuance of Writs of Declaration (i) to declare the impugned land acquisition proceedings seeking to acquire the lands belonging to the petitioner in old survey Nos.612/2B1, 612/2B2 and 612/2B3 (new survey Nos.612/2B2D and 612/2B3E) measuring an extent of 2,496 sq.ft. at plot No.11, No.155, Sholinganallur Village, Saidapet Taluk, Chengalpattu District under/ through Section 4(1) of the 1894 Act Notification of the respondents dated 14.5.1990 issued in G.O.Ms.No. 433 and consequently by declaration under Section 6 vide Gazette dated 07.6.1991 in G.O.Ms.No.948 has lapsed and become non est in law (WP.No.22852 of 2014);
(ii) to declare the impugned land acquisition proceedings seeking to acquire the lands belonging to the petitioner in old survey Nos. 612/2B1, 612/2B2 and 612/2B3 (new survey No.612/2B1/F) measuring an extent of 2,500sq.ft. at plot No.1, No.155, Sholinganallur Village, Saidapet Taluk, Chengalpattu District under/ through Section 4(1) of the 1894 Act Notification of the respondents dated 14.5.1990 issued in G.O.Ms.No.433 and consequently by declaration under Section 6 vide Gazette dated 07.6.1991 in G.O.Ms.No.948 has lapsed and become non est in law (WP.No.22853 of 2014);
2/6
(iii) to declare the impugned land acquisition proceedings seeking to acquire the lands belonging to the petitioner in old survey Nos.612/2B1, 612/2B2 and 612/2B3 (new survey Nos.612/2B2D and 612/2B2B) measuring an extent of 2,491 sq.ft. at plot No.9, No.155, Sholinganallur Village, Saidapet Taluk, Chengalpattu District under/ through Section 4(1) of the 1894 Act Notification of the respondents dated 14.5.1990 issued in G.O.Ms.No.433 and consequently by declaration under Section 6 vide Gazette dated 07.6.1991 in G.O.Ms.No.948 has lapsed and become non est in law (WP.No.22854 of 2014); and (iv) to declare the impugned land acquisition proceedings seeking to acquire the lands belonging to the petitioner in old survey Nos.612/2B1, 612/2B2 and 612/2B3 (new survey Nos.612/2B2E and 612/2B3D) measuring an extent of 2,500 sq.ft. at plot No.
12, No.155, Sholinganallur Village, Saidapet Taluk, Chengalpattu District under/ through Section 4(1) of the 1894 Act Notification of the respondents dated 14.5.1990 issued in G.O.Ms.No.433 and consequently by declaration under Section 6 vide Gazette dated 07.6.1991 in G.O.Ms.No.948 has lapsed and become non est in law (WP.No.
Mr.A.Jenasenan For R1 & R3 :
Mr.A.Selvendran, SGP 3/6
For R2 :
Mr.A.M.Ravindranath Jeyapaul, Standing Counsel COMMON ORDER When these writ petitions are taken up for final hearing, the learned counsel for the petitioners submits that there are no instructions from the petitioners and a memo has been filed to that effect in all these writ petitions.
2. On the earlier occasion, when these writ petitions came up for hearing on 10.2.2025, this Court passed the following order : "Learned counsel for the petitioners seeks time.
2. The learned Standing Counsel appearing for the Tamil Nadu Housing Board submits that the award has been passed and that the amount has also been deposited.
3. In view of the above, post these cases finally on 17.2.2025. It is made clear that no further adjournment will be granted in these cases."
3. It is clear from the above that the Tamil Nadu Housing Board has already deposited the amounts after the award was passed. Therefore, the relief of declaration sought as for by the petitioners 4/6
cannot be granted by this Court.
4. Accordingly, the writ petitions are dismissed. No costs. Consequently, the connected MPs are also dismissed. 17.2.2025 To 1.The State of Tamil Nadu, rep.
by its Secretary, Housing & Urban Development Department, Fort St.George, Chennai-9.
2.The Chairman, Tamil Nadu Housing Board, 331, Anna Salai, Nandhanam, Chennai.
3.The Special Tahsildar, Land Acquisition Unit 1, Tamil Nadu Housing Board Scheme, Nandhanam, Chennai-35.
RS 5/6
N.ANAND VENKATESH,J RS & MP.Nos.1,1,1 and 1 of 2014 17.2.2025 6/6