Yellamma v. The Executive Engineer And Administrative Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.Nos.35697, 35702, 35706, 35709 & 35711 of 2024 in Yellamma W/o.V.Latchumayya ... Petitioner in W.P.No.32876 of 2024 P.S.Arumugam S/o.Samundi Gounder ... Petitioner in W.P.No.32881 of 2024 V.Ganesh S/o.K.P.Venkatasubramaniam ... Petitioner in W.P.No.32885 of 2024 Shoba W/o.Late Nagaraj ... Petitioner in W.P.No.32888 of 2024 Selvi W/o.Raman ... Petitioner in W.P.No.32890 of 2024 Page Nos.1/26
Vs.
The Executive Engineer and Administrative Officer Tamil Nadu Housing Board Bhagalur Road, Hosur - 635 109.
... Respondent in all WPs Prayer :
Writ Petitions filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned orders having reference No.P2/5389/2005 dated 09.08.2024 issued by the respondent and quash the same and consequently, direct the respondent not to take any further action pursuant to the said order.
For Petitioner in all WPs :
Ms.R.Divya Preathika For Respondents in all WPs :
Mr.D.Veerasekharan for Mr.S.Ramachandran Standing Counsel, TNHB C O M M O N O R D E R [Order of the Court was made by M.SUNDAR, J.,] In the captioned 'five writ petitions' {hereinafter 'WPs' for the sake of brevity} 'five different notices, all dated 09.08.2024 bearing reference No.P2/5389/2005' {hereinafter 'impugned notices' for the sake of brevity} have been called in question.
Page Nos.2/26
2. Ms.R.Divya Preathika, learned counsel on record for writ petitioners in all five WPs draws our attention to impugned notices issued by lone respondent and a scanned reproduction of one of the impugned notices is as follows:
Page Nos.3/26
3. Learned counsel submits that W.P.No.19766 of 2017 etc., batch has been filed by the writ petitioners' vendors and others challenging the acquisition proceedings initiated by 'Tamil Nadu Housing Board' {'TNHB'} and that the same have since been allowed.
4. Issue notice to respondent.
5. Mr.D.Veerasekharan, learned counsel, who is present in Court submits that Mr.S.Ramachandran, learned Standing Counsel for TNHB would accept notice for sole respondent.
6. Learned counsel for TNHB submits that only acquisition proceedings have come to an end vide aforementioned batch of writ petitions but that is also subject to appeal / further legal proceedings.
7. Considering the limited scope of the captioned WPs, main WPs were taken up in the Admission Board with the consent of both sides.
8. As would be evident from impugned notices, we find that there is a reference to an order dated 30.07.2024 in W.P.No.19766 of 2017 etc., batch. This order has also been described as 'Oral Order' {tha;bkhHp cj;jut[}. We went into the High Court official website and searched if there is any order dated 30.07.2024 in W.P.No.19766 of 2017 etc., batch. We find that Page Nos.4/26
there is an order dated 30.07.2024 in W.P.No.19766 of 2017 and a scanned reproduction of the same is as follows:
Page Nos.5/26
9. However, what is of greater significance is, W.P.No.19766 of 2017 etc., batch has thereafter been allowed after full contest by a detailed common order dated 23.09.2024 made by a Hon'ble single Judge and a scanned reproduction of the same is as follows: Page Nos.6/26
Page Nos.7/26
Page Nos.8/26
Page Nos.9/26
Page Nos.10/26
Page Nos.11/26
Page Nos.12/26
Page Nos.13/26
Page Nos.14/26
Page Nos.15/26
Page Nos.16/26
Page Nos.17/26
Page Nos.18/26
Page Nos.19/26
Page Nos.20/26
Page Nos.21/26
Page Nos.22/26
Page Nos.23/26
10. To be noted, aforementioned common order dated 23.09.2024
11. A careful perusal of the aforementioned 23.09.2024 common order makes it clear that land acquisition proceedings have been quashed. This means that an order issued based on 30.07.2024 order (order prior to the final order) will not have any legs to stand. On this short point, impugned notices are set aside but it is made clear that all rights and contentions of writ petitioners as well as TNHB are preserved for further proceedings {including appeals against quashing of land acquisition proceedings (if any)}. If TNHB is to initiate further / fresh proceedings post quashing of impugned notices, all rights and contentions of TNHB as well as possible noticees including writ petitioners are also preserved for that purpose also.
12. We make it clear that we have not expressed any view or opinion on the merits of the matter and we have interfered only on the short point that a notice cannot be issued on the basis of an interim order describing the same as tha;bkhHp cj;jut[ after main matters itself have been allowed by a Hon'ble single Judge vide a common final order. Page Nos.24/26
Captioned five WPs are disposed of in the aforesaid manner. Consequently, captioned five Writ Miscellaneous Petitions are disposed of as closed. There shall be no order as to costs. (M.S.,J.) (K.R.S.,J.) 12.11.2024 (1/2) Index : Yes / No Speaking order / Non-speaking order mk To The Executive Engineer and Administrative Officer Tamil Nadu Housing Board Bhagalur Road, Hosur - 635 109.
Page Nos.25/26
M.SUNDAR, J., and K.RAJASEKAR, J., mk 12.11.2024 (1/2) Page Nos.26/26