R.Anjappa v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P.No.33915 of 2014 and M.P.No.1 of 2014 R.Anjappa ... Petitioner Vs

1. The Government of Tamil Nadu, Rep. by the Secretary to Government Housing & Urban Development Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, The Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035.

3. The Special Tahsildar, (Land Acquisition) Housing Scheme, Hosur, ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring that the Land Acquisition proceedings initiated for implementation of common housing development scheme dated 26.04.1980 under Section 4(1) followed by Section 6 declaration dated 01.11.1982 and the Award No.10/85 dated 27.03.1985 passed under Land Acquisition Act, 1894 shall be deemed to have been lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the Central Act, 2013), in respect of the petitioners property situated in S.No.382 to an extent of 1.62 acres in Hosur Village, For Petitioner : Mr.V.Sakkarapani For Respondents : Mr.Richardson Wilson, 1 & 3 Government Advocate

For Respondent 2 : Mrs.R.Gouri

O R D E R

This Writ Petition is filed to issue a Writ of Declaration, declaring that the Land Acquisition proceedings initiated for implementation of common housing development scheme dated 26.04.1980 under Section 4(1) followed by Section 6 declaration dated 01.11.1982 and the Award No.10/85 dated 27.03.1985 passed under Land Acquisition Act, 1894 shall be deemed to have been lapsed by virtue of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the Central Act, 2013), in respect of the petitioners property situated in S.No.382 to an extent of 1.62 acres in Hosur Village,

2. The learned counsel for the petitioner submitted that the sole petitioner already died.

3. It is seen that even then, the legal heirs of the petitioner failed to take any steps to implead themselves. Therefore, this writ petition is dismissed as abated. No order as to costs. However, the legal heirs of the deceased petitioner is at liberty to proceed the writ petition by filing appropriate petition.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rna To

1. The Government of Tamil Nadu, Rep. by the Secretary to Government Housing & Urban Development Department, Fort St. George, Chennai - 600 009.

2. The Managing Director, The Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035.

3. The Special Tahsildar, (Land Acquisition) Housing Scheme, Hosur, +1cc to the Government Pleader, S.R.No.41749 (22/09/2021) W.P.No.33915 of 2014 and M.P.No.1 of 2014 PL (CO) CT (08.09.2021)