Lakshmi, W/O. Elumalai, v. The Secretary Housing And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH in W.P.No.44495 of 2006 Lakshmi Represented by her Power Agent, D.Madhanlal.
.. Petitioner Vs.
The Secretary, Housing and Urban Development Department, Fort St.George, Chennai & another.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to amend the prayer in the writ petition WP.No.44495 of 2006 as follows by substituting the following prayer in place of the original prayer and thus render justice.
PRAYER TO BE SUBSTITUTED:
For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to issue a Writ of Declaration, or any other appropriate 1/4
Writ, order of Direction particularly in the nature of Writ of Declaration, declaring that the land acquisition proceedings in respect of Survey No.39/5 measuring an extent of 87 cents and Survey No.39/8 measuring an extent of 91 cents in Kannangurichi Village, Salem being the subject matter of the Land Acquisition Proceedings pursuant to the Notification 4(1) of the Land Acquisition Act, 1894 in G.O.Ms.No.755 Housing and Urban Development Department dated 04.09.1981 and the Declaration under section 6 of the said Act in G.O.Ms.No.18 Housing and Urban Development Department dated 04.01.
1983 is having lapsed under section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. ORIGINAL PRAYER It is therefore prayed that this Hon'ble Court may be pleased to issue a WRIT OF MANDAMUS directing the Respondents to reconvey to the petitioner the land comprised in Survey No.39/5 measuring to an extent of 87 cents and Survey No.39/8 measuring an extent of 91 cents in Kannangurichi Village, Salem and thus render justice.
Mrs.AL.Ganthimathi Senior Counsel for Mr.L.Palannimuthu 2/4
O R D E R
This petition is allowed.
10.03.2025 (2/6) krk NOTE: Registry is directed to carry out necessary amendment in the cause title in W.P.No.44495 of 2006 3/4
N.ANAND VENKATESH, J.
krk 10.03.2025 (2/6) 4/4