Madras High Court
K.Jagannathan vs The Secretary To Government on 8 February, 2022
W.A.Nos.178, 180, 184 & 185 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.Nos.178, 180, 184 & 185 of 2022
K.Jagannathan .. Appellant in
WA No.178/22
M.Kozhithimuthu .. Appellant in
WA No.180/22
E.Valarmathi .. Appellant in
WA No.184/22
P.Thirupathi .. Appellant in
WA No.185/22
Vs.
1. The Secretary to Government
Housing and Urban Development Department
Government of Tamil Nadu
Secretariat, Chennai 600 009.
2. The Managing Director
Tamil Nadu Housing Board
No.493, Anna Salai
Nandanam, Chennai 600 035.
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W.A.Nos.178, 180, 184 & 185 of 2022
3. The Executive Engineer and Administrative Officer
K.K.Nagar Division
Tamil Nadu Housing Board
C-48, TNHB Commercial Complex
Anna Nagar, 2nd Avenue
Chennai 600 040.
4. The Special Tahsildar
Tamil Nadu Housing Board
K.K.Nagar Division, Chennai.
5. The Tahsildar
Maduravayal Taluk
Maduravayal Respondents in
Thiruvallur District. .. all WAs.
Prayer: Appeal under Clause 15 of the Letters Patent against the
common order dated 22.04.2021 made in W.P.Nos.19393, 19395,
19392 & 19394 of 2020 respectively.
For the Appellants : Mr.L.G.Sahadevan
For the Respondents : Mr.M.Alagu Gouthaman
Government Advocate
for respondents 1, 3 & 5
JUDGMENT
(Judgment of the Court was delivered by
the Hon'ble Acting Chief Justice)
These writ appeals have been filed against the common order
dated 22.04.2021 dismissing the writ petitions preferred by the
petitioners-appellants.
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W.A.Nos.178, 180, 184 & 185 of 2022
2. The writ petitioners purchased lands in different survey
numbers and are residing therein. They approached the fifth
respondent for the grant of patta. The said request was refused on
the ground that the lands in question were acquired for the Tamil
Nadu Housing Board and hence, they were not entitled to patta.
Therefore, they filed writ petitions for a direction to the fifth
respondent to grant patta.
3. The learned Single Judge found that not only the
acquisition process under the Land Acquisition Act, 1894 was
completed, but the writ petitions challenging the acquisition with
regard to certain survey numbers were dismissed and possession of
the lands was handed over to the Housing Board. The compensation
was also received.
4. In those circumstances, the learned Single Judge did not
find merit in the prayer made by the writ petitioners and thus,
dismissed the writ petitions. A detailed reference of facts in regard
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W.A.Nos.178, 180, 184 & 185 of 2022
to the acquisition process and its completion is given in paragraph 7
of the impugned order, which is quoted here:
"7. The 3 rd respondent Tamil Nadu Housing Board has
filed a detailed counter affidavit, wherein they have stated that,
earlier, an extent of 460.8 acres of land in Nerkundram village
has been acquired for its Neighbourhood Schemes under
various notifications. So far as the lands of petitioners in
respect of survey Nos. 255/2, 322/1, 324/1 and 324/2 are
concerned, the Government has issued Sec.4(1) notification
vide G.O.Ms. No.24, dated 08.05.1975, and subsequently, Sec.6
declaration was issued in G.O.Ms.No.995, dated 07.06.1978
and the award also came to be passed vide No.1/86, dated
10.01.1986 and 2/86 dated 28.02.1986, subsequently, the
possession was taken and handed over to Tamil Nadu Housing
Board on 21.03.1986. So far as survey Nos. 322/1, 255/2 and
324/1 and 2 are concerned, the award was passed in the name
of vendors of the petitioner and original owner has also
received entire compensation. It is further stated that in respect
of Survey No.322/1, the previous owner Ranganayaki Ammal,
challenging the acquisition proceedings filed a Writ Petition
before this Court in W.P.No.10133 of 1988 and the Division
Bench of this Court by an order dated 05.02.1996 dismissed the
Writ Petition, thereby upheld the acquisition proceedings. In
respect of other Survey Nos.324/1 and 2, the original
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W.A.Nos.178, 180, 184 & 185 of 2022
landowners did not challenge the acquisition proceedings and
hence, the acquisition proceedings has become final. The Tamil
Nadu Housing Board has also taken possession in so far as
Survey No.255/2.
5. The appellants have purchased the lands much subsequent
to the passing of the award under the Act of 1894. In one case
pertaining to Survey No.255/2, the land was purchased in the year
2010, whereas the award for the said land was passed in the year
1986. The purchase of land, after its acquisition, is not valid, rather,
it is void. In the light of the aforesaid, the request of the
petitioners-appellants for the grant of patta for the lands which
were vested in the Government and given to the Housing Board,
could not be granted by learned Single Judge and accordingly, the
writ petitions were dismissed. The appellants have failed to show
their right to seek patta of the land acquired by the Government.
6. We do not find any error in the order of the learned Single
Judge. At this stage, a reference was made to the order of this
Court dated 16.11.2019 in W.P.No.29017 of 2018, wherein, a
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direction of the nature sought by the petitioner was given. We have
gone through the said order and find that the challenge made to the
acquisition proceedings was successful in one matter and after
considering the facts of that case, a direction was given. But, the
facts of this case are not similar to the facts of the other case
referred to by learned counsel for the appellants and thus, it does
not provide any assistance to him. Accordingly, all the writ appeals
are dismissed. There will be no order as to costs.
(M.N.B., ACJ.) (D.B.C., J.)
08.02.2022
Index : Yes/No
kpl/drm
To:
1. The Secretary to Government
Housing and Urban Development Department
Government of Tamil Nadu
Secretariat, Chennai 600 009.
2. The Managing Director
Tamil Nadu Housing Board, No.493, Anna Salai
Nandanam, Chennai 600 035.
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W.A.Nos.178, 180, 184 & 185 of 2022
3. The Executive Engineer and Administrative Officer
K.K.Nagar Division, Tamil Nadu Housing Board
C-48, TNHB Commercial Complex
Anna Nagar, 2nd Avenue, Chennai 600 040.
4. The Special Tahsildar
Tamil Nadu Housing Board
K.K.Nagar Division, Chennai.
5. The Tahsildar, Maduravayal Taluk
Maduravayal, Thiruvallur District.
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W.A.Nos.178, 180, 184 & 185 of 2022
M.N.BHANDARI, ACJ
AND
D.BHARATHA CHAKRAVARTHY,J.
(kpl)
W.A.Nos.178, 180, 184 & 185 of 2022
08.02.2022
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