Madras High Court
G.Natarajan vs The Secretary To Government on 31 January, 2022
W.P.No.1247 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.1247 of 2022
and W.M.P.Nos.1340, 1343 and 1345 of 2022
1.G.Natarajan
2.G.Kanniappan
3.K.Jayanthi
4.K.Naresh Kumar
5.K.Ganesh ... Petitioners
Vs.
1.The Secretary to Government,
Housing and Urban Development Department,
Fort St.George, Chennai 9.
2.The District Collector,
Thiruvallur District,
Thiruvallur.
3.The Chairman,
Tamil nadu Housing Board,
No.331, Anna Salai, Nandanam,
Chennai 600 035.
4.The Tahsildar,
Tamil Nadu Housing Board,
No.331, Anna Salai, Nandanam,
Chennai 600 035. ...Respondents
1/7
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W.P.No.1247 of 2022
Prayer: Petition filed under Article 226 of the Constitution of India to issue
a Writ of Certiorari to call for the records of the 1st respondent in
G.O.Ms.No.7 dated 03.07.2007 Housing and Urban Development
Department and quash the same as illegal and unconstitutional and non est
in law.
For Petitioner : Mr.R.S.Sivapriya
For Respondents : Mr.K.Karthikeyan
Government Advocate
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of
Certiorari to call for the records of the 1st respondent in G.O.Ms.No.7 dated
03.07.2007 Housing and Urban Development Department and quash the
same as illegal and unconstitutional and non est in law.
2. The case of the petitioner is that the petitioners are the absolute
owners of the property comprised in S.F.No.78/1B to an extent of 0.12.0
hectares in Parvatharajapuram Village, Ponnammallee Taluk, Thiruvallur
District. While so, the 1st respondent herein had issued 4(1) notification
under Land Acquisition Act, 1894 in G.O.(Ms) No.456, Housing and Urban
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W.P.No.1247 of 2022
Development Department dated 26.10.1999 and Section 6 Declaration in
G.O (Ms.) No.492, Housing and Urban Development Department dated
06.12.2000 in respect of his lands for the purpose of development of
Satellite Town by the Tamil Nadu Housing Board in Narasingapuram and
Parvatharajapuram Villages. When it was challenged before this Court, the
learned Single Judge quashed the land acquisition proceedings and it has
attained finality and therefore, the benefit of the judgment would apply
automatically to the case of the petitioner also. Further the farmers who were
affected by the Land Acquisition proceedings have formed a Sangam and
jointly made representation to release the subject matter of the lands. While
so, the 4th respondent passed award and the petitioners also received the
award amount. Thereafter the petitioners filed an application seeking
enhancement of compensation before the competent Civil Forum. In the
mean time, the Executive Engineer approached the petitioners to receive
compensation amount and gave assurance to give house site and
employment to the family members of the petitioners. Believing their words,
the petitioners have received the amount, however they have not keeping
their promise. Hence the petitioners are constrained to file the present writ
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W.P.No.1247 of 2022
petition, challenging the Government Order in G.O.(Ms.) No.7, Housing and
Urban Development Department dated 03.01.2007.
3. The learned counsel appearing for the petitioners submitted that
even after the payment of compensation, the petitioners are in continuous
possession and enjoyment of the land and cultivating their lands. Further the
acquisition notification issued by the acquisitioning authority was quashed
by this Court in W.P.NO.38670 of 2002 and the judgment rendered by the
learned Single Judge in the above said Writ Petition was also upheld by the
Hon’ble Division Bench inW.A.No.930 of 2004 and another batch of Writ
Petitions were also quashed by this Court in W.P.NO.8924 of 2010 by an
order dated 18.11.2021 and therefore when the land acquisition notification
itself quashed by this Court, it is not open to the respondents to retain the
portion of the lands without any authority and hence prays for appropriate
orders.
4. The learned Government Advocate appearing for the respondents
submitted that once the acquisition procedures completed and award amount
been received by the petitioners, they have no locus standi to file the Writ
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W.P.No.1247 of 2022
Petition for quashing the Government Order issued in the year 2007 and
hence prays for dismissal of this petition.
5. This Court has carefully considered the rival submissions and also
perused the materials placed before it. Since no adverse orders are passed
against the respondents, notice to them is not necessary.
6. Admittedly the 1st respondent herein had issued 4(1) notification
under Land Acquisition Act, 1894 in G.O.(Ms) No.456, Housing and Urban
Development Department dated 26.10.1999 and Section 6 Declaration in
G.O (Ms.) No.492, Housing and Urban Development Department dated
06.12.2000 and received compensation during the year 2013. If at all the
petitioners are having grievance, they would have challenged the 4(1)
notification and 6 declaration, immediately after issuance of the said
notification and declaration. Now after a lapse of two decades, the petitioner
has filed this petition, challenging the acquisition proceedings. Further once
the compensation has been received for the acquired lands, the land is
belonging to the Government for public purpose and the petitioners are no
longer owner of the property and therefore, the relief sought for by the
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W.P.No.1247 of 2022
petitioner cannot be considered.
7. For the reasons aforesaid, this Writ Petition is dismissed. No costs.
Consequently connected miscellaneous petitions are closed.
31.01.2022
sk
To
1.The Secretary to Government,
Housing and Urban Development Department,
Fort St.George, Chennai 9.
2.The District Collector,
Thiruvallur District,
Thiruvallur.
3.The Chairman,
Tamil nadu Housing Board,
No.331, Anna Salai, Nandanam,
Chennai 600 035.
4.The Tahsildar,
Tamil Nadu Housing Board,
No.331, Anna Salai, Nandanam,
Chennai 600 035.
https://www.mhc.tn.gov.in/judis
W.P.No.1247 of 2022
M.DHANDAPANI.,J.
sk
W.P.No.1247 of 2022
31.01.2022
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