G.Chitra v. The Executive Engineer Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Chitra .. Petitioner Vs 1.The Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board, Coimbatore Housing Unit, Coimbatore.

2.The Government of Tamil Nadu, rep. by Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

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

4.The Tamil Nadu Housing Board, rep. by its Managing Director, Anna Salai, Nandanam, Chennai-600 035.

.. Respondents [Respondent No.4 impleaded as per order dated 15.2.2018 in WMP.No.3687 of 2018]

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring that the entire land acquisition proceedings initiated under the Land Acquisition Act, 1894 in respect of the lands in Survey No.444 measuring to an extent of 1 Acre 83 cents, Villankurichi Village, Coimbatore District relates to Award dated 19.05.1997 in No.5/1997 has lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and the Settlement Act, 2013 (Act 30/2013).

For the Petitioner : Mr.P.S.Raman for Mr.G.Sankaran For the Respondents : Mr.R.Shunmugasundaram Advocate-General assisted by Mrs.C.Shymala Standing Counsel for TNHB

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) Mr.P.S.Raman, learned senior counsel appearing for the petitioner, submitted that this writ petition has been filed on a wrong advice when the original land acquisition proceedings have been quashed by this Court vide order dated 20.4.2004 passed in W.P.No.7267 of 1997 and vide order dated 22.1.2008 passed in

W.P.No.4903 of 1998 and, therefore, he seeks leave of this Court to withdraw the writ petition as no adjudication is required in the matter.

2. Learned Advocate-General appearing for the respondents has no objection for withdrawing the writ petition.

3. In view of the above, the writ petition is dismissed as withdrawn. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 05.12.2022 Index : Yes/No bbr

To:

1.The Executive Engineer cum Administrative Officer, Tamil Nadu Housing Board, Coimbatore Housing Unit, Coimbatore.

2.The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

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

4.The Managing Director, Tamil Nadu Housing Board, Anna Salai, Nandanam, Chennai-600 035.

T.RAJA, ACJ.

AND D.BHARATHA CHAKRAVARTHY, J.

bbr 05.12.2022