Madras High Court
B.Rukmani vs State Of Tamil Nadu on 8 December, 2021
W.P.No.5977 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.5977 of 2019
and
W.M.P.Nos.6806, 6808 and 6814 of 2019
1.B.Rukmani
2.B.Kanchana @ Sreedevi
3.Sugendran
4.Anuradha ... Petitioners
(Petitioners-1 to 4 Represented by their General
Power of Attorney Agent - S.M.H.Sheik
Mohamed, Residing at No.125, Veda Salai,
Kulasekarapuram, Chinmaya Nagar, Chennai –
600 092)
vs.
1.State of Tamil Nadu,
Rep. by its Secretary,
Housing and Urban Development Department,
Secretariat, Fort Saint George,
Chennai – 600 009.
2.The Principal Secretary and Member Secretary,
Chennai Metropolitan Development Authority (CMDA),
Thalamuthu Natarajan Maligai,
No.2, Gandhi-Irwin Road,
Egmore,
Chennai – 600 008.
1/10
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W.P.No.5977 of 2019
3.Tamil Nadu Housing Board (TNHB),
Rep. by its Chairman,
Nandanam,
Chennai – 600 035.
4.The District Revenue Officer-cum-Chief Administrative Officer,
Market Management Committee,
Chennai Metropolitan Development Authority (CMDA),
Omni Bus Stand, Koyembedu,
Chennai – 600 107.
5.The Inspector General of Registration,
Office of the Inspector General of Registration,
Santhome, Chennai – 600 004.
6.The Sub Registrar,
No.124, Arcot Road,
Virugambakkam,
Chennai – 600 092. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the records
of the 4th Respondent relating to the proceedings issued in
Lr.No.100/2018/Land/MMC dated .07.2018, quash the same and
consequently direct the 6th Respondent to receive, admit, register and release
the documents to be presented by the Petitioner in respect of the land to an
extent of 1.53 acres in Survey No.91 situated at Nerkundram Village,
Maduravoyal Taluk, Thiruvallur District, without insisting upon any No
Objection Certificate (NOC).
For Petitioners : Mr.ARL.Sundaresan
for Mr.T.Vedi
For R1 : Mr.P.Baladhandayutham
2/10
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W.P.No.5977 of 2019
Special Government Pleader
For R2 : Mrs.P.Veena Suresh
Standing Counsel
For R3 : Mr.M.Baskar
Standing Counsel
For R5 and R6 : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
This writ petition has been filed to issue a Writ of Certiorarified
Mandamus, calling for the records of the 4th respondent relating to the
proceedings issued in Lr.No.100/2018/Land/MMC dated .07.2018, quash
the same and consequently direct the 6th respondent to receive, admit,
register and release the documents to be presented by the petitioners in
respect of the land to an extent of 1.53 acres in Survey No.91 situated at
Nerkundram Village, Maduravoyal Taluk, Thiruvallur District, without
insisting upon any 'No Objection Certificate' (NOC).
2. The case of the petitioners is that the land admeasuring to an
extent of 0.79 acres comprised in S.No.90/2 and land admeasuring to an
extent of 1.53 acres in S.No.91 situated at Nerkundram Village,
Maduravoyal Taluk, Thiruvallure District, owned by the petitioners' father,
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W.P.No.5977 of 2019
who acquired title to the said lands by the Sale Deed dated 25.08.1958
registered vide Document No.2380 of 1958. While being so, on the request
of the Tamil Nadu Housing Board, the Government of Tamil Nadu had
proposed to acquire the subject lands and a notification under Section 4(1)
of the Land Acquisition Act, 1984 (hereinafter referred to as 'the Act' for
short) was issued on 11.06.1975 for the purpose of formation of 'New
Neighbourhood Scheme' known as 'K.K.Nagar Further Extension Scheme'.
Subsequently, a declaration under Section 6 of the Act was issued on
07.06.1978 and thereafter, the award was passed on 21.03.1983 in Award
No.3/83.
3. However, the adjacent land owners challenged the land
acquisition proceedings before this Court in W.P.No.2804 of 1983 and
W.P.No.3751 of 1984. By the orders dated 30.03.1988 and 29.01.1988, this
Court quashed the declaration issued under Section 6 of the Act alone,
based on the common judgment in W.P.No.10351 of 1982 etc. batch, dated
08.01.1988. Aggrieved by the same, some of the land owners also filed
S.L.P.Nos.11353 to 11355 of 1988 before the Hon'ble Supreme Court of
India and by an order dated 21.08.1990, the Hon'ble Supreme Court of India
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W.P.No.5977 of 2019
allowed the same and quashed the entire land acquisition proceedings.
However, the Hon'ble Supreme Court of India given liberty to the State
Government to exercise its power of eminent domain and make a fresh
preliminary notification, if the State Government desires to do so. However,
in respect of the subject properties are concerned, no writ petition was filed.
Subsequently, Mr.N.K.Babu Reddiar died leaving behind the petitioners as
his legal heirs.
4. Thereafter, the 4th respondent claimed to have taken possession
of the lands in Survey Nos. 40, 42, 43 etc., including the subject lands on
31.07.1985 for formation of 'A' Road of Koyambedu Wholesale Market
Complex (KWMC) and other related activities. Therefore, the petitioners
wrote a letter to the 4th respondent for issuance of "No Objection
Certificate" to deal with the subject properties. While pending the said
request, the 4th respondent attempted to interfere with the petitioners'
peaceful possession and enjoyment of the same and as such, the petitioners
filed writ petition before this Court in W.P.No.49809 of 2006. In the said
writ petition, interim order was granted.
5. Again, the petitioners filed a writ petition in W.P.No.10010 of
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W.P.No.5977 of 2019
2014 for a direction directing the 3rd and 4th respondents herein to issue 'No
Objection Certificate' to enable the petitioners to deal with the subject
properties. The said writ petition was filed invoking the benefits conferred
under Section 24(2) of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013. By an order
dated 27.06.2014 the said writ petition was allowed by this Court.
Aggrieved by the same, the 2nd respondent herein filed writ appeal in
W.A.No.1538 of 2014 and the same was also dismissed by this Court by an
judgment dated 23.04.2015. Aggrieved by the same, the 2nd respondent
herein filed appeal before the Hon'ble Supreme Court of India in
S.L.P.(C)No.23106 of 2015 and by an order dated 18.09.2015 the same was
dismissed. While being so, the 4th respondent by the impugned
communication in Lr.No.100/2018/Land/MMC dated .07.2018, requested
the 5th respondent herein to take action to cancel the Sale Deeds and any
transactions entertained by the 6th respondent in respect of the subject
properties.
6. The learned Senior Counsel appearing for the petitioners
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W.P.No.5977 of 2019
submitted that when this Court already directed the 3rd and 4th respondents
to issue 'No Objection Certificate' to enable the petitioners to deal with the
subject properties and the same was confirmed by the Hon'ble Supreme
Court of India, but the 4th respondent mechanically without considering the
order passed by this Court and the Hon'ble Supreme Court of India, passed
the impugned order against the petitioners.
7. On perusal of the order dated 27.06.2014 in W.P.No.10010 of
2014, revealed that this Court directed the 2nd respondent herein to issue 'No
Objection Certificate' to the petitioners to deal with the subject properties
comprised in S.No.91 admeasuring to an extent of 1.53 acres and in
S.No.90/2 admeasuring to an extent of 0.79 cents, excluding 0.36 cents,
which is subject matter of fresh land acquisition proposal situated at
Nerkundram Village, Purasaivakkam Taluk, Chennai District.
8. The Hon'ble Division Bench of this Court while dismissing the
writ appeal in W.A.No.1538 of 2014 dated 23.04.2015, confirmed the order
of the learned Single Judge of this Court in W.P.No.10010 of 2014, dated
27.06.2014 and permitted the petitioners to get 'No Objection Certificate' for
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W.P.No.5977 of 2019
an extent of 1.53 acres in S.No.91 and for an extent of 0.79 cents in
S.No.90/2 excluding 0.36 cents. Further directed the 2nd respondent herein
to comply the direction issued in W.P.No.10010 of 2014, dated 27.06.2014,
within a period of four weeks from the date of receipt of a copy of the
judgment. Therefore, the 4th respondent mechanically passed the impugned
order, without considering the aforesaid specific directions issued by this
Court.
9. In view of the above, the impugned order in
Lr.No.100/2018/Land/MMC dated .07.2018 is hereby set aside and
accordingly set aside. This writ petition is allowed. The 4th respondent is
directed to comply the direction issued by the Hon'ble Division Bench of
this Court in W.A.No.1538 of 2014, dated 23.04.2015, forthwith.
Consequently, the connected miscellaneous petitions are closed. No costs.
08.12.2021
Index:Yes/No
Speaking Order: Yes
dm
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W.P.No.5977 of 2019
To
1.The Secretary,
Housing and Urban Development Department,
Secretariat, Fort Saint George,
Chennai – 600 009.
2.The Principal Secretary and Member Secretary,
Chennai Metropolitan Development Authority (CMDA),
Thalamuthu Natarajan Maligai,
No.2, Gandhi-Irwin Road,
Egmore,
Chennai – 600 008.
3.Tamil Nadu Housing Board (TNHB),
Rep. by its Chairman,
Nandanam,
Chennai – 600 035.
4.The District Revenue Officer-cum-Chief Administrative Officer,
Market Management Committee,
Chennai Metropolitan Development Authority (CMDA),
Omni Bus Stand, Koyembedu,
Chennai – 600 107.
5.The Inspector General of Registration,
Office of the Inspector General of Registration,
Santhome, Chennai – 600 004.
6.The Sub Registrar,
No.124, Arcot Road,
Virugambakkam,
Chennai – 600 092.
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W.P.No.5977 of 2019
G.K.ILANTHIRAIYAN, J.
dm
W.P.No.5977 of 2019
08.12.2021
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