Tmt. Latha, v. The State Of Tamil Nadu, Rep.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.06.2018
CORAM
The Hon'ble Mr.Justice M.DHANDAPANI W.P.No.24125 of 2006 Tmt.Latha .. Petitioner vs.
1.The State of Tamil Nadu rep. by its Secretary, Housing and Urban Development Department, Fort St. George, Chennai 600 009.
2.The Special Tahsildar, (Land Acquisition) Unit II, Tamilnadu Housing Board Schemes, Nandanam, Chennai 600 035.
3.The Tamil Nadu Housing Board, rep. by its Executive Engineer, and Administrative Officer, Mogappair Division, Tamil Nadu Housing Board, Chennai 600 101.
(R3 impleaded as per order dated 16.04.2018 made in M.P.No.2/11 by MDIJ) .. Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Certiorarified Mandamus calling for the records comprised in the proceedings of the first respondent in G.O.Ms.No.258, Housing and Urban Development LA1(2), dated 10th October 2003 and to quash the same with respect of the petitioner's lands 25 cents in 0.40.0 hectares in survey No.18/1A in Perumal Agaram Village, Block No.3, Ambattur Taluk, Tiruvallur District.
For Petitioner : Mr.P.Satheesh Kumar For Respondents1 & 2 : Mr. Vivekavannan
O R D E R
This writ petition has been filed seeking to call for the records in the proceedings of the first respondent in G.O.Ms.No.258, Housing and Urban Development LA1(2), dated 10th October 2003 and to quash the same.
2. After arguing the writ petition for a while, the learned counsel for the petitioner has sought permission of this Court to withdraw the writ petition with liberty to file afresh by invoking Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and he has also made an endorsement in the bundle.
(*) In view of the above submission, without going into the merits of the matter, this writ petition is dismissed granting liberty to the petitioner to file a fresh writ petition invoking Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a period of eight weeks from the date of receipt of a copy of this order. The interim order already granted by this Court is extended for eight weeks. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) Dated:19/07/2018 //True Copy// (*)Operative portion of the order dated 28.06.2018 made in WP.24125/2006 substituted as per order dated 03.08.2018 in WP.24125/2006. Sd/- Assistant Registrar(CS VIII) Sub Assistant Registrar smi
To 1.The Secretary, To be substituted to State of Tamil Nadu the order already despatched Housing and Urban Development on 01.08.2018 Department, Fort St. George, Chennai 600 009.
2.The Special Tahsildar, (Land Acquisition) Unit II, Tamilnadu Housing Board Schemes, Nandanam, Chennai 600 035.
3.The Executive Engineer, The Tamil Nadu Housing Board, and Administrative Officer, Mogappair Division, Tamil Nadu Housing Board, Chennai 600 101.
+1cc to Government Pleader sr.no.42275 +1 cc to Mr.P.Satheesh Kumar, Advocate SR.No.54369 (11.08.2018) W.P.No.24125 of 2006 kji(co) nr 20/07/2018 SMI/07.08.2018