Chitra v. The Govt.Of T.N.,Rep.By Secy.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.01.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Writ Petition No.12757 of 2003 Chitra .. Petitioner

Versus

1.The Government of Tamil Nadu, rep. by the Secretary to Government, Housing and Urban Development Department, Fort St. George, Madras-9.

2.The Special Tahsildar, Land Acquisition, Housing Scheme No.3, 3.The Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board, Coimbatore Housing Unit, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus forbearing the respondents from interfering the possession of the petitioner in respect of the property situate at Survey No.410/2 of Vilankurichi Village, Coimbatore District.

For Petitioner :

Mr.R.Rathinavel Pandian For Respondents:

Mr.S.Pattabiraman Special Government Pleader for R1 and R2 Mr.B.Vivekananda Raj for R3

O R D E R

Originally the writ petition was filed by Mr.V.Raghavachari, Advocate. Subsequently, the petitioner engaged Mr.T.S.Baskaran and Mr.R.Rathinavel Pandian. Mr.T.S.Baskaran, learned counsel reported to this Court that the party had taken away the bundle and filed change of vakalat and therefore, the name of the petitioner has been printed in the cause list. None appeared for the petitioner and therefore, this Court perused the records and

heard the learned counsel for Tamil Nadu Housing Board. 2.It is the case of the petitioner that she is the owner of the property in Survey No.410/2 of Vilankurichi Village, Coimbatore District and that the Tamil Nadu has issued the Notification in Government Gazette on 20.03.1991 for acquiring the said land. It is the contention of the petitioner that without service of notice on the petitioner, the Housing Board cannot initiate acquisition proceedings and take possession of the property.

3.Mr.B.Vivekananda Raj, learned counsel for the Housing Board submitted that the property was owned by Narayanasamy Naidu and Raju Naidu, who were issued with notice under Section 4(1) of the Land Acquisition Act even prior to 20.03.1991 and thereafter, Section 6 declaration was published on 28.05.1992 and Award No.2/1994 dated 25.05.1994 was passed awarding compensation to the land owners Narayanasamy Naidu and Raju Naidu and the land has already been taken possession by the Housing Board on 09.12.1994. In the year 2003, the present writ petition has been filed and an interim injunction was granted on 30.10.2003 and the injunction petition was subsequently dismissed on 13.02.2004.

4.Inasmuch as the land in question has been acquired by the Housing Board in the year 1994 itself, nothing survives in this writ petition. In view of the above, this writ petition is dismissed. No costs. Consequently, connected W.P.M.P. is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vga To 1.The Government of Tamil Nadu, Secretary to Government, Housing and Urban Development Department, Fort St. George, Madras-9.

2.The Special Tahsildar, Land Acquisition, Housing Scheme No.3,

3.The Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board, Coimbatore Housing Unit, +1 cc to Mr.B.Vivekananda Advocate sr 3324 Writ Petition No.12757 of 2003 rsy(co) aa31/01/2017