Madras High Court
R.Kannan vs The State Of Tamil Nadu on 28 June, 2021
W.A.Nos.789 and 790 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.Nos.789 and 780 of 2021
C.M.P.Nos.4214 and 4221 of 2021
R.Kannan .. Appellant
in W.A.No.789/21
A.Kittusamy Appellants
in W.A.No.790/21
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Housing and Urban Development Department,
Fort St.George, Chennai - 600 009.
2.The Tamil Nadu Housing Board,
Rep. by its Managing Director,
Anna Salai, Nandhanam,
Chennai - 600 035.
3.The Special Tahsildar,
(Land Acquisition),
Tamil Nadu Housing Board Schemes,
Thiruchengode.
4.The Executive Engineer and
Administrative Officer,
Salem Housing Unit,
Tamil Nadu Housing Board,
Iyyanthiru Maligai,
Salem - 636 008. .. Respondents
in both W.As
https://www.mhc.tn.gov.in/judis/
W.A.Nos.789 and 790 of 2021
Appeals filed under Section 15 of the Letters Patent against the
order dated 04.09.2020 made in W.P.Nos.11872 and 11874 of 2020.
For Appellant
(in both writ appeals) : Mr.G.J.Baskar Narayan
For Respondent
(in both writ appeals) : Mr.D.Ravichander,
Additional Government Pleader
for R1 and R3
Dr.R.Gowri for R2 and R4
COMMON JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
These appeals have been preferred by the appellants challenging
the proceedings of the fourth respondent by which encroached portion
was directed to be vacated failing which action would be taken to do it
positively.
2.The land was originally belonging to one Annamalai Gounder
and Siddha Gounder with an extent of 0.65 hectares in Survey
No.72/5. Of this extent, 0.15.0 hectares in Survey No.72/5A which
involves sub division was acquired. Declaration was passed in the year
1986 followed by award dated 27.05.1986 in Award No.4/88-89.
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W.A.Nos.789 and 790 of 2021
3.During the award enquiry, one T.A.Raman, who was the father
of the appellant in W.A.No.789 of 2021 and five other persons
appeared and objected to the enquiry. They have also stated that they
have filed a writ petition challenging the acquisition proceedings. As no
one came forward to appear, for the aforesaid extent of 0.15.0
hectares (0.37 acres in Survey No.72/5A), the amount determined was
deposited on the file of the jurisdictional Sub Court under Sections 30
and 31(2) of the Land Acquisition Act, 1894.
4.After undertaking the said process, the patta was changed in
favour of Tamil Nadu Housing Board in Patta No.222 and the
possession was handed over to it by the proceedings of the Special
Tahsildar dated 14.12.1989. The acquisition proceedings were also
over and the development of the plot is in progress.
5.Including the aforesaid land, for an extent of 4.1a acres in
Survey Nos.72/1, 72/2A, 72/3A and 72/5A, the plot plan was approved
by the proceedings dated 22.06.2020.
6.At that point of time, the appellants made representation, for
which, by way of reply, the impugned orders were passed stating that
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W.A.Nos.789 and 790 of 2021
the land owned by them is situated in Survey No.17/22 and they have
encroached an extent of 0.37 acres in Survey No.72/5A in Patta
No.222. Thus, they were advised to remove the encroachment as what
belongs to them is situated in Survey No.17/22.
7.The aforesaid reply given by the fourth respondent is put to
challenge before the learned single Judge inter alia contending that
there is a delay between the Notification and declaration and the
award was passed belatedly. The learned single Judge rightly dismissed
the writ petitions filed inter alia holding that the appellants do not have
any right over the property acquired decades ago and therefore, they
must hand over possession. Challenging the said orders passed, the
present appeals are filed.
8.Learned counsel appearing for the appellants reiterated the
submissions made before the learned single Judge, which we are not
impressed with. The facts taken note of by the learned single Judge
are not disputed by way of any evidence before us. In this
proceedings, challenging the reply given by the fourth respondent, the
appellants want to challenge the acquisition proceedings. Even the new
enactment will not come to their aid. Nothing is known about the
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W.A.Nos.789 and 790 of 2021
challenge contemplated on the earlier occasion by the father of the
appellant in W.A.No.789 of 2021 and others. It appears that the father
of the appellant in W.A.No.789 of 2021 also died. It is not as if the
appellants or the deceased were not aware of the proceedings. Now,
title has passed on to the fourth respondent.
9.In such view of the matter, we do not find any reason to
interfere with the orders passed by the learned single Judge.
Accordingly, the writ appeals stand dismissed. No costs. Consequently,
connected miscellaneous petitions are closed.
(M.M.S., J.) (R.N.M., J.)
28.06.2021
Index:Yes/No
mmi/ssm
To
1.The Secretary to Government,
Housing and Urban Development Department,
Fort St.George, Chennai - 600 009.
2.The Tamil Nadu Housing Board,
Rep. by its Managing Director,
Anna Salai, Nandhanam,
Chennai - 600 035.
https://www.mhc.tn.gov.in/judis/
W.A.Nos.789 and 790 of 2021
3.The Special Tahsildar,
(Land Acquisition),
Tamil Nadu Housing Board Schemes,
Thiruchengode.
4.The Executive Engineer and
Administrative Officer,
Salem Housing Unit,
Tamil Nadu Housing Board,
Iyyanthiru Maligai,
Salem - 636 008.
https://www.mhc.tn.gov.in/judis/
W.A.Nos.789 and 790 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.789 & 790 of 2021
28.06.2021
https://www.mhc.tn.gov.in/judis/
