P. Abopathan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2016 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.12858 of 2016 P.Abopathan ...
Petitioner Vs.
1.The District Collector, Kanyakumari District, Nagercoil 629 001.
2.The Chairman/Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai-600 035.
3.The Tahsildar, Agasteeswaram Taluk, Nagercoil 629 001.
4.The Executive Engineer/ Administrative Officer, Tirunelveli Housing Unit, Tamil Nadu Housing Board, Tirunelveli 627 011.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 and 3 to pass appropriate orders transferring the Revenue Records and issue a computerized patta pertaining to the land bearing Survey No. L5/7-7A to an extent of 0.18.81 and 0.00.797 Ares situated in Vadiveeswaran Village, Agasteeswaram Taluk, Kanyakumari District from the name of Ponnusamy Nadar to the name of the petitioner without insisting to get any consent or No Objection letter from the respondents 2 and 4. For Petitioner : Mr.S.Subbiah For Respondents 1-3 : Mr.N.S.Karthikeyan, Additional Government Pleader.
For 4th Respondent : No appearance
O R D E R
The petitioner claims to be the owner of the property in Survey No.L5/7-7A to an extent of 0.18.81 and 0.00.797 Ares situated in Vadiveeswaram Village, Agasteeswaram Taluk, Kanyakumari District.
2.According to the petitioner, earlier proceedings under Land Acquisition Act, 1894 have been initiated against the petitioner's land and a notification under Section 4(1) of the Act was issued in G.O.Ms.No.524 Housing and Urban Development Department dated 19.06.1990 and subsequently, a declaration under Section 6 of the Act was also issued in G.O.Ms.No.1115, Housing and Urban Development (G) Department, dated 01.08.1991. Challenging the above said notifications, the petitioner and his mother filed writ petition in W.P(MD)No.9072 of 2010 and this Court by an order dated 06.06.2014 allowed the writ petition setting aside the notifications insofar as the petitioners case is concerned and thereafter, no fresh proceedings have been initiated for the above said purpose and the said order has become final. Hence, the petitioner filed an application seeking to change the revenue record in the name of the petitioner. As the above request was not considered so far, the petitioner has filed this writ petition.
3.The third respondent has filed a counter affidavit stating that since lands are sought to be acquired by the Housing Board without 'no objection certificate' issued by the Housing Board, the Tahsildar, cannot transfer patta in the name of the petitioner.
4.Admittedly, the acquisition proceedings in respect of the petitioner are set aside by this Court and thereafter, no further proceedings were initiated by the respondents. Therefore, there is no necessity to obtain no objection certificate from the Housing Board. In the above circumstances, the respondents 1 to 3 are directed to consider the application of the petitioner and pass appropriate orders transferring patta in the petitioner's name within a period of four weeks from the date of receipt of a copy of this order.
5.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar
To 1.The District Collector, Kanyakumari District, Nagercoil 629 001.
2.The Chairman/Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai-600 035.
3.The Tahsildar, Agasteeswaram Taluk, Nagercoil 629 001.
4. The Executive Engineer / Administrative Officer, Tirunelveli Housing Unit, Tamil Nadu Housing Board, Tirunelveli-11.
+1 cc to Mr.S.Subbiah, Advocate in SR No.89566/2016 +1 cc to Spl.Govt.Pleader in SR No.59513/2016 Writ Petition (MD) No.12858 of 2016 05.10.2016 SMS ANR/PV/26.10.2016/3P/7C