Madras High Court
P.Ammasi vs The State Of Tamil Nadu on 22 March, 2022
W.P.No.31958 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.31958 of 2014
and M.P.No.1 of 2014
P.Ammasi ... Petitioner
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 Special Tahsildar (Land Acquisition),
Salem Neighbourhood Scheme,
Salem 8.
3.The Tamil Nadu Housing Board,
rep.by its Executive Engineer,
Salem Housing Unit,
Iyyan Thirumaligai,
Salem 8.
4.The Tahsildar,
Taluk Office,
Omalur Taluk, Salem District.
5.The Village Administrative Officer,
Kottagoundampatti Village,
Omalur Taluk, Salem District 636 011. ...Respondents
1/8
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W.P.No.31958 of 2014
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Declaration declaring the Land Acquisition proceedings
initiated by the respondents 1 & 2 in respect of land in S.Nos.88/4A, 88/4C,
89/1C, 91/2, 89/1B and 90/1 admeasuring about 1 Acre 70 cents under
G.O.Ms.No.902, dated 31.5.1991, U/s.4(1) of the Act as lapsed in view of
section 24(2) Act 2013.
For Petitioners : Mr.M.Elango
For RR1, 2, 4 and 5 : Mr.P.Sathish
Additional Government Pleader
For RR3 : Mr.I.Sathish
ORDER
The petitioner has filed this Writ Petition seeking issuance of writ of
declaration declaring the Land Acquisition proceedings initiated by the
respondents 1 & 2 in respect of land in S.Nos.88/4A, 88/4C, 89/1C, 91/2,
89/1B and 90/1 admeasuring about 1 Acre 70 cents under G.O.Ms.No.902,
dated 31.5.1991, U/s.4(1) of the Act as lapsed in view of section 24(2) Act
2013.
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W.P.No.31958 of 2014
2. The case of the petitioners is that the petitioner owned agricultural
land comprised in S.Nos.88/4A, 88/4C, 89/1C, 91/2, 89/1B and 90/1 of
Kottagoundampatti Village, Omalur Taluk, Salem District. While being so,
the 1st respondent issued notification under Section 4(1) of the Land
Acquisition Act, for the purpose of construction of houses by Tamil Nadu
Housing Board, followed by a Declaration under Section 6 of the Act, and
thereafter, the 2nd respondent has passed an award on 07.09.1995. Since the
respondents had not taken actual possession of the land as per the law
declared by the Hon'ble Supreme Court, the entire acquisition proceedings
stood lapsed on 01.01.2014 as per Section 24(2) of the Act, 2013. Hence the
petitioner is before this Court.
3. The learned counsel for the petitioner raised the ground that the
possession of the subject property has not been taken over till today. That
apart, the petitioner is in possession and enjoyment of the subject property
and cultivating the subject property.
4. The learned Additional Government Pleader appearing for the
respondents submitted that the petitioner's brother, for the very same relief,
had earlier filed W.P.No.25263 of 2014, before this Court and this Court
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W.P.No.31958 of 2014
vide order dated 23.08.2021 had dismissed the said Writ Petition and
subsequently he filed Writ Appeal in W.A.No.230 of 2022 and the Hon'ble
Division Bench of this Court has dismissed the said Writ Appeal. Since the
very same relief was already been negatived by this Court, the present
petition is not sustainable and prays for dismissal of this petition.
5. It appears that on an earlier occasion, for the very same prayer
sought herein, one P.Subramani, had filed WP.No.25263 of 2014 and the
same got dismissed on 23.08.2021. When it was challenged before this
Court in Writ Appeal in W.A.No.230 of 2022, the Hon'ble Division Bench
has dismissed the same and confirmed the order of the learned Single Judge
and it is relevant to extract paragraph no.10 of the said judgment:
''10. In our considered view, the learned Single Judge
discussed the issues threadbare with reference to the counter
filed by the respondents. It was stated that the possession
certificate was issued on 05.3.1999 and thereby the allegation
of possession with the appellant itself was not accepted and
otherwise, referring to the judgment of the Supreme Court in
the case of Indore Development Authority Vs. Manoharlal &
others [reported in (2020) 8 SCC 129], the arguments were not
accepted. Not only the panchnama was prepared by the official
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W.P.No.31958 of 2014
respondents to take possession of the land, but also the amount
of compensation was deposited into court, which is taken to be
a valid tender. The appellant did not take the amount of
compensation on his own fault and it cannot be taken to be a
ground to challenge the acquisition proceedings with reference
to Section 24 of the Act of 2013. It is more so when, after
taking possession through panchnama/certificate, the appellant
putting himself again in possession would amount to trespass
on the land. Analyzing the issue from all the corners, the
learned Single Judge dismissed the present writ petition,
which, otherwise was after three earlier litigations with regard
to the same acquisition. Taking overall facts into
consideration, we do not find any merit in this writ appeal and
it is more so when the findings have been recorded with regard
to possession and even tendering of the amount by deposit of
the amount into court.''
6. In view of the fact that very same issue has been considered by this
Court and held against the petitioner therein, the present petition attracts the
principle of res judicata and, therefore, the same contention cannot be
agitated once over, which has already attained finality.
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W.P.No.31958 of 2014
7. For the reasons aforesaid, this Writ Petition is dismissed. No costs.
22.03.2022
sk
To
1.The Secretary to Government,
Housing and Urban Development Department,
Fort St.George, Chennai 600 009.
2.The Special Tahsildar (Land Acquisition),
Salem Neighbourhood Scheme,
Salem 8.
3.The Executive Engineer,
The Tamil Nadu Housing Board,
Salem Housing Unit,
Iyyan Thirumaligai,
Salem 8.
4.The Tahsildar,
Taluk Office,
Omalur Taluk, Salem District.
5.The Village Administrative Officer,
Kottagoundampatti Village,
Omalur Taluk, Salem District 636 011.
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W.P.No.31958 of 2014
M.DHANDAPANI.,J.
sk
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W.P.No.31958 of 2014
W.P.No.31958 of 2014
22.03.2022
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