Madras High Court
Tamil Nadu Housing Board vs Subbana Gounder on 6 April, 2023
M.P.Nos.1 & 1 of 2011 & W.A.Nos.
SR 68010 & 68014 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
M.P.Nos.1 & 1 of 2011
in
W.A.Nos.SR 68010 & 68014 of 2011
Tamil Nadu Housing Board
Rep. by its Executive Engineer & Admn. Officer
Coimbatore Housing Unit Petitioner &
Tatabd, Sivanandha Colony Appellant
Coimbatore 641 012. .. in both
Vs.
Subbana Gounder
Subramanian
Krishnasamy Respondent 1-4
Ramathal .. in both
Kuppusamy
A.Meenakshi
A.Palaniammal Respondents 1-4
A.Goundathal .. in both
The State of Tamil Nadu
Rep. by Secretary to Government of Tamil Nadu
Housing and Urban Development Department
Fort St. George, Chennai 9.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
M.P.Nos.1 & 1 of 2011 & W.A.Nos.
SR 68010 & 68014 of 2011
The Special Tahsildar (Land Acquisition)
Housing Scheme Unit No.I Respondents 5&6
Coimbatore. .. in both
Prayer: Petitions under Section 151 of Civil Procedure Code, 1908, to
grant leave to file writ appeal against the orders dated 13.04.2009
made in W.P.Nos.18321 & 18322 of 2008; and
(ii) Appeals under Clause 15 of Letters Patent against the order
dated 13.04.2009 made in W.P.Nos.18321 & 18322 of 2008.
For the Petitioner/ : Ms.R.Shyamala
Appellant
For the Respondents : Mr.P.Muthukumar
State Government Pleader
for Respondents 5 & 6
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
The petitions have been filed to grant leave to file appeals
against the orders even dated 13.04.2009 made in W.P.Nos.18321 &
18322 of 2008.
2. Learned Single Judge, considering the facts and circumstances
https://www.mhc.tn.gov.in/judis
M.P.Nos.1 & 1 of 2011 & W.A.Nos.
SR 68010 & 68014 of 2011
and the merits of the case, allowed the writ petitions, quashing the
land acquisition proceedings initiated under Section 4(1) of the Land
Acquisition Act in G.O.Ms.No.495 dated 14.11.1996 (Housing & Urban
Development Department) and G.O.Ms.No.4 dated 02.01.1998
(Housing & Urban Development Department) respectively and the
declaration made under Section 6 of the Act in G.O.Ms.No.442, dated
23.12.1997 (Housing and Urban Development Department) and
G.O.Ms.No.53 dated 18.02.1999 (Housing & Urban Developemtn
Department) respectively, holding that the land acquisition
proceedings lapsed in view of Section 11A of the Act in respect of the
lands belonging to the writ petitions in S.F.Nos.8/1, 6/1B1, 5/3, 7/1A,
7/2A, 7/1B, 71C, 7/2B, 7/2C in Vellaikinaru Village, Coimbatore and
the lands in S.F.Nos.3/1A, 3/1C, 4/2B1, 4/2B2, 4/3C1 and 4/3C2 in
Vellaikinaru Village, Coimbatore respectively, on the ground that only
the draft awards were passed on 31.12.1999 and 19.02.2001 without
any approval and therefore, there was no valid award in the eye of
law.
3. Aggrieved by the said orders, the Tamil Nadu Housing Board
https://www.mhc.tn.gov.in/judis
M.P.Nos.1 & 1 of 2011 & W.A.Nos.
SR 68010 & 68014 of 2011
has filed these petitions seeking leave to file appeal with a delay of
three long years.
4. Though the petitions seeking leave to file appeals were filed in
the year 2011, they were not numbered for listing/hearing for nearly
12 years, which would show that the appellant is not aggrieved by the
impugned order. No steps have been taken to prosecute those appeals
for 12 long years. Secondly, there has been a long delay of three years
in filing the petitions seeking leave to file appeals and thirdly, the cases
were kept in the cold storage of the Registry for nearly 12 years and
therefore, no purpose would be served to grant leave. Hence, we do
not find any merit to grant leave to file the appeals nor to entertain
the appeals. Accordingly, these petitions are dismissed. Consequently,
the writ appeals are rejected at SR stage.
(T.R., ACJ.) (D.B.C., J.)
06.04.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
https://www.mhc.tn.gov.in/judis
M.P.Nos.1 & 1 of 2011 & W.A.Nos.
SR 68010 & 68014 of 2011
To
1. The Secretary to Government of Tamil Nadu
Housing and Urban Development Department
Fort St. George
Chennai 9.
2. The Special Tahsildar (Land Acquisition)
Housing Scheme Unit No.I
Coimbatore.
https://www.mhc.tn.gov.in/judis
M.P.Nos.1 & 1 of 2011 & W.A.Nos.
SR 68010 & 68014 of 2011
T.RAJA, ACJ,
and
D.BHARATHA CHAKRAVARTHY,J
(kpl)
M.P.Nos.1 & 1 of 2011 &
W.A.Nos.68010 & 68014 of 2011
06.04.2023
https://www.mhc.tn.gov.in/judis
