Dhasarathan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN WP.NO.16942 OF 2017 Dhasarathan ... Petitioner Vs
1. The State of Tamilnadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, St.George Fort, Chennai-9
2. The Managing Director, Tamilnadu Housing Board, Anna Salai, Nandhanam, Chennai
3. The Special Thasildar, Land Acquisition, Tamilnadu Housing Board Scheme, Arinar Special Shopping Complex, Thirumangalam Chennai 600 040
4. The Executive Engineer, JJ Nagar Division, Tamilnadu Housing Board, JJ Nagar East, Chennai 600 050
5. The Superintending Engineer, Chennai Circle, Tamilnadu Housing Board, Chennai 600 040 ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider and thereby disposing the representation made by petitioner dated on September 2015 and 08.02.2016 respectively.
For Petitioner : Mr.K.Yuvaraj For Respondents For R1 & 3 : Mr.M.R.Gokul Krishnan, Government Advocate For R2,4 & 5 : No appearance
ORDER
This writ petition is filed to issue a Writ of Mandamus directing the respondents to consider and thereby disposing the representation made by petitioner dated on September 2015 and 08.02.2016 respectively.
2. On perusal of the counter, revealed that the entire acquisition proceedings in respect of land comprised in Survey No.604 admeasuring 44 cents situated at Mogappair village, Ambattur, Tiruvallur District was challenged by the legal heir of the original owner late Govindaraj in WP.No.27934 of 2014 and the same was allowed by this Court by order dated 06.11.2014. The Tamilnadu Housing Board challenged the same in WA.No.184 of 2015 and the same was dismissed. Therefore, the entire acquisition proceedings was already quashed and as such the reconveyance of the very same property does not arise. However, the petitioner submitted representation requesting the respondents to reconvey the land which was under acquisition proceedings. Further, one of the legal heir of the said Govindaraj already filed writ petition challenging the acquisition proceedings.
3. Therefore, the second and third respondents are directed to take steps to mutate the revenue records in favour of the legal heirs of the deceased Govindaraj in respect of the property comprised in Survey No.604 admeasuring 44 cents situated at Mogappair village, Ambattur Taluk, Tiruvallur District and issue patta in their favour within a period of eight weeks from the date of receipt of copy of this order.
4. With the above direction, this writ petition is disposed of. No order as to costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar lok To
1. The Secretary to Government, State of Tamilnadu, Housing and Urban Development Department, Secretariat, St.George Fort, Chennai-9
2. The Managing Director, Tamilnadu Housing Board, Anna Salai, Nandhanam, Chennai
3. The Special Thasildar, Land Acquisition, Tamilnadu Housing Board Scheme, Arinar Special Shopping Complex, Thirumangalam Chennai 600 040
4. The Executive Engineer, JJ Nagar Division, Tamilnadu Housing Board, JJ Nagar East, Chennai 600 050
5. The Superintending Engineer, Chennai Circle, Tamilnadu Housing Board, Chennai 600 040 +1cc to Mr.K.Yuvaraj, Advocate, S.R.No.57025 WP.No.16942 of 2017 AD(CO) PM/24/11/2021