Madras High Court
Radheen vs The Secretary on 16 July, 2021
W.P.(MD).No.11891 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.11891 of 2021
Radheen ... Petitioner
Vs.
1.The Secretary,
Housing and Urban Development Department,
Government of Tamil Nadu,
Fort St. George, Chennai - 9.
2.The District Collector,
District Collecorate Office,
Kanyakumari District, Nagercoil.
3.The Revenue Divisional Officer,
Nagercoil, Kanyakumari District.
4.The Special Tahsildar,
(Land Acquisition),
Neighbourhood Scheme,
Nagercoil,
Kanyakumari District.
5.The Executive Engineer,
Tamil Nadu Housing Board,
Sivanthipatti Road,
Tirunelveli – 11.
6.The District Registrar,
Department of Registration,
Kanyakumari District,
Nagercoil.
https://www.mhc.tn.gov.in/judis/
1/6
W.P.(MD).No.11891 of 2021
7.The Executive Engineer & Administrative Officer,
Tamil Nadu Housing Board,
Tirunelveli Housing Unit,
17-D, 'C', Colony, Perumalpuram,
Tirunelveli – 627 007.
8.The District Revenue Officer (Scheme),
Tamil Nadu Housing Board,
CMDA Complex,
E & C Market Salai, Koyambedu,
Chennai – 600 107. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Certiorarified Mandamus to call for the
records of the impugned Letter No.LA/3040/1995, dated 28.04.2021
passed by the 7th Respondent and quash the same as illegal and
consequently direct the Respondents No. 5 and 7 to issue No Objection
Certificate to the Petitioner regarding the Petitioner's property in Old
Survey No. 1935 New Survey No.3/4-5 situated at Nagercoil Village,
Agastheeswaram Taluk, Kanyakumari District.
For Petitioner : Mr.George Paul Anto
For R-1 to R-4
& R-6 : Mr.M.Lingadurai,
Government Advocate
For R-5, R-7
& R-8 : Mr.Mohammed Athiff
https://www.mhc.tn.gov.in/judis/
2/6
W.P.(MD).No.11891 of 2021
ORDER
This Writ Petition has been filed challenging the impugned
letter issued by the seventh respondent, dated 28.04.2021 and for a
consequential direction to the respondents to issue “No Objection”
Certificate to the petitioner to deal with the subject property.
2. Heard Mr.George Paul Anto, learned counsel appearing
for the petitioner, Mr.M.Lingadurai, learned Government Advocate
appearing for the respondents 1, 2, 3, 4 and 6 and Mr.Mohammed Athiff,
learned counsel appearing for the respondents 5, 7 and 8.
3. It is seen from records that the acquisition proceedings
were initiated by the first respondent in the year 1991. The petitioner has
purchased the property only in the year 2009. It is also an admitted case
that the vendor of the petitioner has not questioned the acquisition
proceedings. The present Writ Petition has been filed only based on the
fact that some of the land owners had questioned the acquisition
proceedings and Section 6 (1) declaration was quashed and liberty was
granted to the respondents to proceed further and thereafter, no steps
were taken and as a result of the same, the acquisition proceedings itself
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11891 of 2021
had lapsed.
4. In the considered view of this Court, the sale deed that
was executed in favour of the petitioner by the original vendor after 4 (1)
notification was issued, is itself null and void and non-est in the eye of
law. This issue has been settled beyond doubts by the Hon'ble Supreme
Court in the case of Shiva Kumar and another vs. Union of India and
others reported in 2020 4 L.W. 509. This Judgment has been
subsequently followed by this Court in the case of V.Anantharaman Vs.
Chennai Metropolitan Development Authority reported in 2020 2 CWC
5. In view of the above, this Court does not find any ground
to interfere with the impugned letter issued by the seventh respondent
and the said letter is perfectly in accordance with law.
6. In the result, the Writ Petition stands dismissed. No costs.
16.07.2021
Index :Yes/No
Internet : Yes/No
tsg
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11891 of 2021
NOTE: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Secretary,
Housing and Urban Development Department,
Government of Tamil Nadu,
Fort St. George
Chennai - 9.
2.The District Collector,
District Collecorate Office,
Kanyakumari District, Nagercoil.
3.The Revenue Divisional Officer,
Nagercoil, Kanyakumari District.
4.The Special Tahsildar,
(Land Acquisition),
Neighbourhood Scheme,
Nagercoil,
Kanyakumari District.
5.The District Registrar,
Department of Registration,
Kanyakumari District,
Nagercoil.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.11891 of 2021
N.ANAND VENKATESH.J.,
tsg
Order made in
W.P.(MD).No.11891 of 2021
Dated :
16.07.2021
https://www.mhc.tn.gov.in/judis/
