The Special Tahsildar v. G. Punniyavathi (Died) 1. G.Mani

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR and THE HONOURABLE MR. JUSTICE P. DHANABAL W.A. No.2776 of 2023 and C.M.P. No.23298 of 2023 The Special Tahsildar Land Acquisition Housing Scheme Unit II Coimbatore 641 012 Appellant vs.

G. Punniyavathi (died on 20.03.2018) (Cause title accepted vide order dated 09.12.2022 made in C.M.P.No.21378 of 2022 in W.A.SR.No.129695 of 2022) 1.

G. Mani C.G. Ragupathy 3.

The State of Tamil Nadu represented by its Secretary to Government Housing and Urban Development Department Fort St. George Chennai 600 009 4.

Tamil Nadu Housing Board represented by its Managing Director 493 Anna Salai Nandanam Chennai 600 035 Respondents 1/4

Writ Appeal filed under Clause 15 of the Letters Patent challenging the order dated 28.10.2021 passed in W.P. No.15712 of 2017. For appellant Mr. R. Ramanlaal assisted by Mr. A.Selvendran Special Government Pleader For RR 1 & 2 Mr. M.Vaidyanathan For RR 3 & 4 Mr. M. Arun Kumar Standing Counsel

JUDGMENT

(delivered by S.S. SUNDAR, J.) This writ appeal is directed against the order dated 28.10.2021 passed by a Single Bench of this Court allowing W.P. No.15712 of 2017 filed by the private respondents herein along with their mother, challenging the letter dated 13.02.2017 of the appellant, in and by which, the request of the writ petitioners for issuance of patta was rejected. This Bench, vide a separate order passed today in the connected writ appeal being W.A. No.3068 of 2023, has held that the acquisition proceedings in respect of the writ petitioners' land has lapsed in view of 2/4

Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (Act 30 of 2013) by specifically recording the fact that the possession of the land continues with the writ petitioners and no compensation was fixed or paid or tendered to the writ petitioners.

3.

Hence, this writ appeal stands dismissed as devoid of merits. No costs. Connected C.M.P. stands closed.

(S.S.S.R., J.) (P.D.B., J.) 27.11.2024 cad 3/4

S.S. SUNDAR, J.

and P. DHANABAL, J.

cad To 1.

The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St. George, Chennai 600 009 The Managing Director Tamil Nadu Housing Board 493 Anna Salai Nandanam, Chennai 600 035 27.11.2024 4/4