Madras High Court
State Of Tamil Nadu Rep. By Its ... vs P.Mani on 19 July, 2023
W.A.Nos.691 to 693 of 2012 and
W.P.Nos.13405 & 13406 of 2003
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2023
CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE P. B.BALAJI
W.A.Nos.691 to 693 of 2012 and
W.P.Nos.13405 and 13406 of 2003 and
M.P.No.1 + 1 + 1 and 2+2 of 2012
W.A.No.691/2012
1. State of Tamil Nadu rep. by its Secretary to Government,
Housing and Urban Development Department,
Fort St. George, Chennai-9.
2. District Revenue Officer, Salem.
3. The Special Tahsildar (Land Acquisition),
Neighbourhood Scheme, Salem. ... Appellants
Vs.
P.Mani ... Respondent
In W.A.No.692/2012
1. The Secretary to Government,
Housing and Urban Development Department,
Fort St. George, Chennai-9.
2. The Special Tahsildar (Land Acquisition),
Neighbourhood Scheme, Salem. ... Appellants
https://www.mhc.tn.gov.in/judis
W.A.Nos.691 to 693 of 2012 and
W.P.Nos.13405 & 13406 of 2003
Vs.
1. S.M.Ramanathan
2. S.M.Raghunathan ... Respondents
In W.A.No.693/2012
1. The Secretary to Government,
Housing and Urban Development Department,
Fort St. George, Chennai-9.
2. The Special Tahsildar (Land Acquisition),
Neighbourhood Scheme, Salem. ... Appellants
Vs.
1. Sembayammal
2. Subramanian
3. Manickam
4. Perumal
5. Rathinam
6. Soundarajan ... Respondents
In W.P.No.13405/2003
1. Kandasami
2. Madeswari
3. Gowselya
4. Jayanthi ... Petitioners
Vs.
1. The Secretary, Government of Tamil Nadu,
Housing and Urban Development Department,
Fort St. George, Chennai-600 009.
https://www.mhc.tn.gov.in/judis
W.A.Nos.691 to 693 of 2012 and
W.P.Nos.13405 & 13406 of 2003
2. The Special Tahsildar, Land Acquisition,
Neighbourhood Scheme, Salem.
3. The Tamil Nadu Housing Board,
Rep. by its Managing Director,
Nandanam, Chennai
(R3 suo motu impleaded as per order dated 12.01.2007
in W.P.No.13405 & 13406/2003) ... Respondents
In W.P.No.13405/2003
1. Ekambaram
2. Srinivasan
3. Marimuthu
4. Kumaravel ... Petitioners
Vs.
1. The Secretary, Government of Tamil Nadu,
Housing and Urban Development Department,
Fort St. George, Chennai-600 009.
2. The Special Tahsildar, Land Acquisition,
Neighbourhood Scheme, Salem.
3. The Tamil Nadu Housing Board,
Rep. by its Managing Director,
Nandanam, Chennai
(R3 suo motu impleaded as per order dated 12.01.2007
in W.P.No.13405 & 13406/2003) ... Respondents
Prayer in W.A.No.691/2012: Writ Appeal filed under Section 15 of Letters
Patent to set aside the order passed by this Court in W.P.No.10506 of 2001
dated 30.08.2010.
https://www.mhc.tn.gov.in/judis
W.A.Nos.691 to 693 of 2012 and
W.P.Nos.13405 & 13406 of 2003
Prayer in W.A.No.692/2012: Writ Appeal filed under Section 15 of Letters
Patent to set aside the order passed by this Court in W.P.No.16482 of 2001
dated 30.08.2010.
Prayer in W.A.No.693/2012: Writ Appeal filed under Section 15 of Letters
Patent to set aside the order passed by this Court in W.P.No.16483 of 2001
dated 30.08.2010.
Prayer in W.P.No.13405/2003: Writ Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorari to call for the records
relating G.O.Ms.No.146 (H & UD) dated 29.03.2000 and the notification
under Section 4(1) in G.O.Ms.No.147 (H & UD) dated 29.03.2000
published in the Government Gazettee in part-II Section 2 supplement on
10.05.2000 and G.O.Ms.No.272 (H&UD) dated 16.05.2001 published in
Part II Section 2 in the Tamilnadu Government Gazettee extra ordinary on
16.05.2001 in respect of survey No.68/1B to an extent of 0.65.0 Hec.,
situate at 64 Koottagundanpatty Village, Omalur Taluk, Salem District
owned by the petitioners and quash the same. (Prayer amended as per order
dated 04.07.2012 in WPMP Nos.188 and 192/ 2017 in W.P.Nos.13405 & 13406/2003)
Prayer in W.P.No.13406/2003: Writ Petition filed under Article 226 of the
Constitution of India to issue a Writ of Certiorari to call for the records
relating G.O.Ms.No.146 (H & UD) dated 29.03.2000 and the notification
under Section 4(1) in G.O.Ms.No.147 (H & UD) dated 29.03.2000
https://www.mhc.tn.gov.in/judis
W.A.Nos.691 to 693 of 2012 and
W.P.Nos.13405 & 13406 of 2003
published in the Government Gazettee in part-II Section 2 supplement on
10.05.2000 and G.O.Ms.No.272 (H&UD) dated 16.05.2001 published in
Part II Section 2 in the Tamilnadu Government Gazettee extra ordinary on
16.05.2001 in respect of survey No.68/5B to an extent of 0.56.0 Hec.,
situate at 64 Koottagundanpatty Village, Omalur Taluk, Salem District
owned by the petitioners and quash the same. (Prayer amended as per order
dated 04.07.2012 in WPMP Nos.188 and 192/ 2017 in W.P.Nos.13405 & 13406/2003)
In W.A.Nos.691 to 693/2012
For Appellants : Mr.UM.Ravichandran, Spl.Govt.Pleader
in all writ appeals
For Respondents : Mr.K.Krishnamoorthy
for sole appellant in W.A.No.691/2012
Mr.V.G.Sureshkumar
for respondents 1 and 2 in W.A.No.692/2012
Mr.S.Doraisamy
for respondents 3 to 6 in W.A.No.693/2012
In both writ petitions
For petitioners : Mr.M.Elango
For respondents : Mr.UM.Ravichandran,
Special Government Pleader for R1 and R2
Ms.C.Shyamala for R3
https://www.mhc.tn.gov.in/judis
W.A.Nos.691 to 693 of 2012 and
W.P.Nos.13405 & 13406 of 2003
COMMON JUDGEMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
The Writ Appeals in W.A.No.691 to 693 of 2012 have been filed by
the Government, challenging the order passed by this Court in
W.P.Nos.10506, 16482 and 16483 of 2001 dated 30.08.2010, whereby, the
Writ Cour has quashed the declaration made by the Government under
Section 6 of the Land Acquisition Act in G.O.Ms.No.272, Housing and
Urban Development Department, dated 16.05.2001 with some directions to
the concerned officials.
2. The Writ petitions in W.P.Nos.13405 and 13406 of 2003 have
been filed to qush the G.O.Ms.No.147 (H & UD) dated 29.03.2000 and also
G.O.Ms. No.272 (H & UD) dated 16.05.2001.
3. All the matters are pertaining to the proposal of land acqusition for
the purpose of construction of houses by the Tamil Nadu Housing Board
under the neighbourhood scheme in Kottangoundanpatty Village, Omalur
Taluk, Salem District, owned by the writ petitioners. Since the facts and
circumstances of the case and the issues involved in all the matters are one
https://www.mhc.tn.gov.in/judis
W.A.Nos.691 to 693 of 2012 and
W.P.Nos.13405 & 13406 of 2003
and the same, the matters were taken together for hearing and are disposed
of by way of this common judgment.
4. Today, Mr.S.Naresh Babu, Assistant Engineer, Salem Housing
Unit, Tamil Nadu Housing Board, Chennai (Mobine No.9976060392) is
appeared before this Court.
5. On instructions, the learned standing counsel appearing for the
Tamil Nadu Housing Board fairly submitted that the proposed acqusition of
the lands in question, inrespect of the survey numbers owned by all the writ
petitioners herein alone, has been dropped. Hence, no further order is
required to be passed in the writ appeals as well as the writ petitions.
6. Recording the submission made by the learned standing counsel
appearing for the Tamil Nadu Housing Board, the writ appeals in
W.A.No.691 to 693 of 2012 and the writ petitions in W.P.No.13405 &
13406/2003 are closed. No costs. Consequently, connected miscellaneous
petitions are closed.
(D.K.K.J.) (P.B.B.J.)
19.07.2023
Internet: Yes/No
mst
https://www.mhc.tn.gov.in/judis
W.A.Nos.691 to 693 of 2012 and
W.P.Nos.13405 & 13406 of 2003
To
1. The Secretary, Government of Tamil Nadu,
Housing and Urban Development Department,
Fort St. George, Chennai-600 009.
2. The Special Tahsildar, Land Acquisition,
Neighbourhood Scheme, Salem.
3. The Tamil Nadu Housing Board,
Rep. by its Managing Director,
Nandanam, Chennai
https://www.mhc.tn.gov.in/judis
W.A.Nos.691 to 693 of 2012 and
W.P.Nos.13405 & 13406 of 2003
D.KRISHNAKUMAR, J.
and
P. B.BALAJI, J.
mst
W.A.Nos.691 to 693 of 2012 and
W.P.Nos.13405, 13406/2003
19.07.2023
https://www.mhc.tn.gov.in/judis
