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Madras High CourtWP(MD)/16578/2020dismissed

S.Mohanasudha v. The State Of Tamil Nadu

2023-06-27Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P.(MD) Nos.13867 and 13870 of 2020 and 2118 of 2023 S.Mohanasudha .. Petitioner Vs.

1.The State of Tamil Nadu, Rep., by its Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai-600 009.

2.The Tamil Nadu Housing Board, Rep., by its Chairman/Managing Director, Nandhanam, Chennai-600 035.

3.The Executive Engineer/Administrative Officer, Tamil Nadu Housing Board, Tirunelveli Housing Unit, Anbu Nagar, Tirunelveli-11.

4.The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Tirunelveli-627 011.

5.The Superintending Engineer, Tamil Nadu Housing Board,

Madurai Circle, Ellis Nagar, Madurai-625 016.

6.The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli District.

7.The Treasury Officer, District Treasury, Tirunelveli District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records on the file of the first respondent in connection with the impugned notification issued by him under Section 4(1) of the Land Acquisition Act, dated 30.08.1989 as well as G.O.(Ms) No.784, dated 04.08.1989 and culminated in passing the Impugned Award No. 1/2001-2002, dated 04.06.2001 and quash the same as null and void in so far the petitioner's land admeasuring 2.50 Acres comprised in S.No. 1034/1A situated in Annaiyarkulam, Kulavanigarpuram Village, Palayamkottai Taluk, Tirunelveli District and consequently declare the very acquisition of petitioner's land is deemed to be lapsed in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 in the light of decision rendered by the Hon'ble Supreme Court in SLP No.9033-9038 of 2016, dated 06.03.2020 in the case of M/s.Indore Development Authority.

For Petitioner :

Mr.I.Velpradeep For RR1, 4, 6 & 7 :

Mr.D.Ghandiraj Special Government Pleader For RR2, 3 & 5 :

Mr.S.Velmurugan Standing Counsel

ORDER

It is informed that the Special Leave Petitions with reference to the very same acquisition have been dismissed and therefore, nothing survives for consideration in this writ petition. It is also informed that the award amount has been deposited.

2. In the light of the above, this Writ Petition is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

27.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

P.T.ASHA, J.

abr To 1.The Secretary to Government, State of Tamil Nadu, Housing & Urban Development Department, Fort St. George, Chennai-600 009.

2.The Chairman/Managing Director, The Tamil Nadu Housing Board, Nandhanam, Chennai-600 035.

3.The Executive Engineer/Administrative Officer, Tamil Nadu Housing Board, Tirunelveli Housing Unit, Anbu Nagar, Tirunelveli-11.

4.The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Tirunelveli-627 011.

5.The Superintending Engineer, Tamil Nadu Housing Board, Madurai Circle, Ellis Nagar, Madurai-625 016.

6.The Commissioner, Tirunelveli City Municipal Corporation, Tirunelveli District.

Dated : 27.06.2023 7.The Treasury Officer, District Treasury, Tirunelveli District.