Madras High CourtWP(MD)/9022/2013dismissed as infructuous

S.Kumar, S/O. Subbiah Chettiar v. The State Of Tamil Nadu,

2017-08-02Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9022 of 2013 S.Kumar ... Petitioner Vs.

1. The State of Tamil Nadu, represented by its Secretary, Housing and Urban Development Department, Secretariat, Chennai.

2. The District Collector, District Collectorate, Kanyakumari District Nagercoil.

3. The Special Tahsildar (Land Acquisition) Neighbourhood Scheme, Nageracoil, Kanyakumari District.

4. The Executive Engineer, Tamil Nadu Housing Board, Sivanthipatti Road Tirunelveli - 627 011.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein not to proceed with further as per the notification under section 4(1) of the Land Acquisition Act in G.O.Ms.No.1213 Housing and Urban Development dated 17.09.1991 as well as declaration under section 6 of the Act in GO.MS.No.854 dated 14.12.1992 with regard to the petitioner's property situate at Kanyaumari district, Kanyakumari registration district, Nagercoil sub district, Agastheeswaram Taluk, Nagercoil village, Bharathi Nagar, 3rd street, bearing old survey No.1936, Resurvey number N-3-2/4 out of total extent of 3 acres 41 cents on the east 05 cents (2178 sq.ft.) in the light of the judgment of this Hon'ble Court in W.P.No.19129 of 1994 dated 30.06.2000.

For Petitioner : Mr.V.Raghavachari For R.1 to R.3 : Mr.S.Kumar Additional Government Pleader For R.4 : Mr.K.Balasubramani

O R D E R

This writ petition has been filed, seeking to direct the respondents herein not to proceed with further as per the notification under section 4(1) of the Land Acquisition Act in G.O.Ms.No.1213 Housing and Urban Development dated 17.09.1991 as well as declaration under section 6 of the Act in GO.MS.No.854 dated https://hcservices.ecourts.gov.in/hcservices/

14.12.1992 with regard to the petitioner's property situate at Kanyaumari district, Kanyakumari registration district, Nagercoil sub district, Agastheeswaram Taluk, Nagercoil village, Bharathi Nagar, 3rd street, bearing old survey No.1936, Resurvey No.N-3-2/4 out of total extent of 3 acres 41 cents on the east 05 cents (2178 sq.ft.) in the light of the judgment of this Hon'ble Court in W.P.No.19129 of 1994 dated 30.06.2000.

2. When the matter is taken up for hearing, learned counsel for the petitioner has submitted that this writ petition has become infructuous, as nothing survives for further adjudication in this matter.

3. In view of the above submission, this writ petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To:

1. The State of Tamil Nadu, represented by its Secretary, Housing and Urban Development Department, Secretariat, Chennai.

2. The District Collector, District Collectorate, Kanyakumari District Nagercoil.

3. The Special Tahsildar (Land Acquisition) Neighbourhood Scheme, Nageracoil, Kanyakumari District.

4. The Executive Engineer, Tamil Nadu Housing Board, Sivanthipatti Road Tirunelveli - 627 011.

+1cc to Mr.V.Raghavachari, Advocate Sr.No.70090 +1cc to Spl.Government Pleader Sr.No.70254 RM/AR VB/MR/KKR/SAR3/10/08/2017/3P/7C W.P(MD)No.9022 of 2013 02.08.2017 https://hcservices.ecourts.gov.in/hcservices/