Nagaraj v. The Special Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24234 of 2016 1.Nagaraj 2.Smt.Girija 3.Smt.Bagya 4.Smt.Padma 5.K.Varadaraj ... Petitioners Vs.

1.The Special Tahsildar, (Land Acquisition) Housing Scheme, TNHB, Bagalur Road, Hosur, Krishnagiri District.

2.The Special Tahsildar, Urban Land Tax, Royakottai Road, Hosur, Krishnagiri District.

3.The Executive Engineer, TNHB, Bagalur Road, Hosur, Krishnagiri District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent herein to consider the petitioners' representation dated 30.05.2016 for transfer of Patta in the name of the Petitioners in respect of land to an extent of 0.83.5 Hectares (2 Acres and 6 Cents) comprised in Survey No.931/2, Hosur Village and Taluk, Krishnagiri District, without insisting upon NOC from Tamil Nadu Housing Board within the time to be stipulated by this Hon'ble Court.

For Petitioners : Mr.R.Bharath Kumar For Respondents : Mr.S.Pattabiraman for R1 and R2 Government Advocate Mr.V.Anandamurthy for R3

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The facts leading to the filing of this writ petition have been narrated in detail and in extenso in the order dated 22.03.2016, made in W.P.No.34616 of 2014 and therefore, it is not necessary to re-state the facts once again. 3.The petitioners have approached the first respondent to grant separate patta for the reason that this Court vide the above stated order had quashed the land acquisition proceedings and therefore, they are the true owners of the property. Since, the said representation have not been given disposal, came forward to file this writ petition.

4.Heard the submissions of Mr.R.Bharath Kumar, learned counsel appearing for the petitioner, Mr.S.Pattabiraman, learned Government Advocate who accepts notice on behalf of the respondents 1 and 2 and Mr.V.Anandamurthy, learned Standing Counsel who accepts notice on behalf of the third respondent. 5.This Court, taking into consideration the above facts and circumstances, directs the first respondent to consider and dispose of the representation dated 30.05.2016 submitted by the petitioners, on merits and in accordance with law by taking note of the order dated 22.03.2016 passed in W.P.No.34616 of 2014 in which he was arrayed as the fourth respondent and pass orders, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

6.The writ petition is disposed of accordingly. No costs. -sd- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Special Tahsildar, (Land Acquisition) Housing Scheme, TNHB, Bagalur Road, Hosur, Krishnagiri District.

2.The Special Tahsildar, Urban Land Tax, Royakottai Road, Hosur, Krishnagiri District.

3.The Executive Engineer, TNHB, Bagalur Road, Hosur, Krishnagiri District.

+1 cc to M/S.BHARATH KUMAR, ADVOCATE Sr.No.39466 +1 CC TO MR.V.ANANDHAMOORTHY, ADVOCATE Sr.No. 39541 +1 CC TO THE GOVERNMENT PLEADER Sr.No.39690 W.P.No.24234 of 2016 KJI(CO) RRI 28/07/2016