Mohamed Nawab Hussain .L.K.M.A v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.15670 of 2023 1.L.K.M.A.Mohamed Nawab Hussain 2.Qurrathul Ain 3.Noorunisha 4.L.K.M.Abdur Raziq ... Petitioners [represented by their power agent V.Seenipandi] Vs 1.The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Salai, Koyambedu,Chennai - 600 107.
2.The Executive Engineer and Administrative Officer, Tirunelveli Housing Unit, 17 D, C Colony Perumalpuram, Tirunelveli - 627 007.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to issue a no objection certificate for change of patta in respect of patta in 1/5
respect of the property in Survey No.554/2 measuring an extent of 1.88 acres situated at Kulavanigapuram, Palayamkottai taluk, Tirunelveli - 11 on the basis of the representations sent by the power agent of the petitioners dated 27.12.2021, 30.09.2022, 13.10.2022 and 21.04.2023. For petitioners : Mr.T.Leninkumar For Respondents : Mr.Velmurugan, Standing Counsel
ORDER
The petitioners claim that they are the owners of the property in Survey No.554/2 measuring an extent of 1.88 acres situated at Kulavanigapuram, Palayamkottai Taluk, Tirunelveli, which were sought to be acquired by the Housing Board in the year 1986. The notifications issued under Sections 4(1) and 6 of the Land Acquisition Act were set aside by this Court. Therefore the petitioners have submitted an application before the 1st respondent for issuance of no objection and have also filed this writ petition. They also rely on the orders of this Court in WP.No.13620 of 1998, dated 19.06.1998, WP.No.27517 of 2013 dated 10.03.2015 and WP(MD)No.8686 of 2021, dated 30.06.2021.
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2.The learned Standing Counsel appearing for the respondents seeks time to verify status of acquisition proceedings in respect of the above property whether quashed.
3.Though sufficient opportunities were provided the respondents seek adjournment.
4.Considering the orders passed by this Court in WP.No.13620 of 1998 dated 19.06.1998, WP.No.27517 of 2013 dated 10.03.2015 and WP(MD)No.8686 of 2021, dated 30.06.2021, this writ petition is disposed of with a direction to the respondents to pass appropriate orders on the petitioners' application within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently connected miscellaneous petition is closed.
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To 1.The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Salai, Koyambedu, Chennai - 600 107.
2.The Executive Engineer and Administrative Officer, Tirunelveli Housing Unit, 17 D, C Colony Perumalpuram, Tirunelveli - 627 007.
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B.PUGALENDHI, J.
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