Mrs. S. S. Poongavanam v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2015

CORAM

THE HONOURABLE MR.JUSTICE C.S.KARNAN W.P.No.36883 of 2007 and M.P.No.2 of 2007 1.S.Poongavanam 2.S.Arumugam 3.S.Chockalingam 4.B.Mallika 5.B.Menaka 6.B.Seshadri 7.B.Lingeswaran 8.R.Suseela 9.M.Mallika 10.A.Chandrakala 11.A.Manikandan 12.P.Kantha ... Petitioners vs.

1.The Secretary to Government Ministry of Housing & Urban Development Fort St.George, Chennai 2.The Special Tashildar (L.A) Units Collector for the purpose Tamil Nadu Housing Board Schemes Nandanam, Chennai-35 3.The Chairman-cum-M.D.

Tamil Nadu Housing Boards Nandanam, Chennai-35 ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorari to call for the records relating to the 4(1) notification, issued by the first respondent published in Tamil Daily Dinakaran, dated 19.11.2006, vide his proceedings DIPR/214/land/06 and to quash the same. For Petitioner : Mr.S.Sundaresan For Respondents : Mr.M.S.Ramesh, A.G.P., for R1 & R2 Mr.B.Vivekavanan for R3

O R D E R

Reserved on : 30.10.2015 Pronounced on : 22.12.2015 The respondents herein had initiated land acquisition proceedings against the petitioners to acquire the land, to an extent of 54 Acres, comprised in Survey No.385/2B of Semmancheri Village, Kancheepuram District, for implementation of neighbourhood scheme. Accordingly, the first respondent had published 4(1) notification, in the Tamil Daily "Dinakaran", dated 19.11.2006. Challenging the said notification, the petitioner has filed this writ petition.

2. When the matter came up for hearing, the learned counsel appearing for the third respondent, on instructions, has submitted that the land acquisition proceedings for the above said land was dropped vide G.O.Ms.No.188, dated 29.08.2008, and to that effect he has produced a copy of the letter, dated 09.09.2014, addressed to him by the Executive Engineer & Administrative Officer, Tamil Nadu Housing Board, Besant Nagar Division along with G.O.Ms.No.188. Hence, the impugned 4(1) notification is not in force and the writ petition has become infructuous.

3. In view of the submission made by the learned counsel appearing for the third respondent, the writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

To:

1.The Secretary to Government, Ministry of Housing & Urban Development, Fort St.George, Chennai.

2.The Special Tashildar (L.A) Units, Collector for the purpose, Tamil Nadu Housing Board Schemes, Nandanam, Chennai-35.

3.The Chairman-cum-M.D.

Tamil Nadu Housing Boards, Nandanam, Chennai-35.

+1cc to Mr.B.Vivekavanan, Advocate, S.R.No.69497 W.P.No.36883 of 2007 and M.P.No.2 of 2007 kji(CO) srg(08/02/2016)