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Madras High CourtWP(MD)/8198/2017closed

R.Muthunagalingam v. The Government Of Tamil Nadu

2023-06-26Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.6304 of 2017 and 19470 of 2018 R.Muthuramalingam ... Petitioner Vs 1.The Government of Tamil Nadu, Represented by its Secretary, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Special Tahsildar (Land Acquisition) Presently the Revenue Divisional Officer, Land Acquisition Officer, Usilampatti, Madurai District.

3.The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Madurai Housing Unit, Ellis Nagar, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 3rd respondent to delete the entries with regard to the petitioner's land in Survey No.2/1A1A and 1/5

Survey No.2/1A1B situated at Uchapatti Village, Thirumangalam Taluk, Madurai district from the Land Acquisition records maintain by him as per the communication of 2nd respondent LAC.No.61/86 dated 28.01.1998.

For petitioner : Mr.Damodaran For Respondent : Mr.M.Siddharthan, Nos.1 and 2 Additional Government Pleader For Respondent :Mr.R.Sivakumar, No.3 Standing Counsel

ORDER

The petitioner has filed this writ petition with the strength of the communication of the Executive Engineer, Madurai Housing Unit in Letter No.SD5/5066/85, dated 09.04.1997 that the lands of this petitioner in Survey No.2/1A1A measuring 0.75 acres 2/1A1B measuring 0.25 acres of Uchapatti Village, Thirumangalam taluk have not been taken over by the Tamil Nadu Housing Board so far. 2.The learned Counsel appearing for the petitioner submits that till date the possession of the above lands are with the petitioner alone and the patta for the land 2/5

stands in his name. The name of the petitioner is also found place in the A Register. The learned Counsel has also relied on the proceedings of the Tahsildar, dated 28.01.1998 and submits that the Tahsildar has stated that the petitioner's lands in Survey Nos.2/1A1A and 2/1A1B have not been acquired for the purpose of Housing Board. 3.When the writ petition is taken up for hearing the learned Standing Counsel appearing for the respondent Society by referring the written instruction, which has been received by him from the Executive Engineer, Madurai Housing Unit, submits that the land in S.No.2/1A1A measuring 0.75Acres and 2/1A1B measuring 0.25Acres of Uchapatti Village, Thirumangalam Taluk have not been taken over by the Tamil Nadu Housing Board so far.

4.Recording the above submission of the learned Counsel for the petitioner and the respondent, this writ petition is closed. No costs. Consequently connected miscellaneous petitions are closed.

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To 1.The Secretary, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Special Tahsildar (Land Acquisition) Presently the Revenue Divisional Officer, Land Acquisition Officer, Usilampatti, Madurai District.

3.The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Madurai Housing Unit, Ellis Nagar, Madurai.

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B.PUGALENDHI, J.

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