A.Venugopal v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 23.02.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.6078 of 2016 & W.M.P.No.5407 of 2016 A.Venugopal [ PETITIONER ] Vs 1 The Government of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Department Fort St. George, Madras.

2 The Chairman Tamil Nadu Housing Board Nanthanam, Madras.

3 The Special Thasildar Land Accusation - VII Tamil Nadu Housing Board Scheme Arignar Anna Shopping Complex Madras 4 Assistant Director/Urban Development Regional Joint Director Chengulpet Region, 124 GST Road Chengulpet-1.

[ RESPONDENTS ] Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, to direct the 1st Respondent to Re-Convey the land measuring an extent of 0-42 acres situated in survey No. 73 at Alapakkam Village, Chengalpattu Taluk, Kancheepuram District to the petitioner in pursuant to the Award Passed in Award No. 3/1992 and as per the stand taken by the respondents and the consequential directions issued in Writ Petition in W.P.No. 15779/1992 by considering the representation of the petitioner dated 08.08.2011 followed by reminder dated 14.06.2013 and the representation dated 29.11.2015.

For Petitioner : Mr.B.Balavijayan For Respondent : Mr. R.M.Muthukumar -R1, R3 & R4 Addl.Govt. Pleader Mr.B.Vivekavanan - R2

O R D E R

Heard Mr.Thanjai P.N.Chezian, learned counsel appearing for the petitioner and Mr.R.M.Muthukumar, learned Additional Government Pleader, accepting notice on behalf of respondents 1, 3 & 4 and Mr.B.Vevekavanan, learned Standing Counsel accepting notice for the second respondent. By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2.Earlier, for identical relief, the petitioner has filed a writ petition in W.P.No.20260 of 2012, which was disposed of by an order dated 31.07.2012. The grievance of the petitioner is that the respondents have not effectively complied with the said direction.

3.If that be the case, then the remedy for the petitioner lies elsewhere. By way of different proceedings, another Writ of Mandamus cannot be issued, when already certain directions were issued in earlier Writ Petition.

Accordingly, this Writ Petition is closed, leaving it open to the petitioner to pursue his remedy in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed.

r n s / r p a -s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar To 1 The Government of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Department Fort St. George, Madras.

2 The Chairman Tamil Nadu Housing Board Nanthanam, Madras.

3 The Special Thasildar Land Accusation - VII Tamil Nadu Housing Board Scheme Arignar Anna Shopping Complex Madras

4 Assistant Director/Urban Development Regional Joint Director Chengulpet Region, 124 GST Road Chengulpet-1.

+ 1 cc to Mr.B.Vivekavanan, Advocate, SR 11411 + 1 cc to Mr.B.Balavijayan,Advocate, SR 11186 + 1 cc to Government Pleader, High Court, Madras SR 11366 nm(co) prk7/3 W.P.No.6078 of 2016