Madras High Court
The Chairman vs Devaraj on 15 June, 2023
W.A.No.631 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR JUSTICE P.DHANABAL
W.A.No.631 of 2012
and M.P.No.1 of 2012
The Chairman,
Tamil Nadu Housing Board,
Nandanam, Chennai-600 035. ... Petitioner
Vs.
1.Devaraj
2.V.Soundarajan,
3.V.Damoodharasamy,
4.Dr.V.Ramachandran,
5.V.Lakshminarayanasamy,
6.The Special Tahsildar,
Land Acquisition Housing Scheme-I,
Kovai Housing Scheme Complex,
Tatabad, Coimbatore-641 012.
7.The Tahsildar (North),
Collectorate Complex,
Coimbatore-641 018.
1
https://www.mhc.tn.gov.in/judis
W.A.No.631 of 2012
8.The Sub-Registrar,
Gandhipuram, Sanganur Main Road,
Coimbatore-641 027. .. Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 17.02.2011 made in W.P.No.1469 of 2011.
For Appellant : Mrs.T.Shyamala
For Respondents : Mr.P.Srinivas for R1 to R5
Mr.E.Vijay Anand,
Additional Government Pleader for R6 to R8
JUDGMENT
[Judgment of the Court was made by D.KRISHNAKUMAR, J.]
The respondents 1 to 5 herein are the writ petitioners and they filed the writ
petition for a direction to the respondents 3 to 5 to make suitable mutations in the
revenue records and the registration records to incorporate the names of the
petitioners as owners of the lands in S.No.384/1, Kalapatti Village, Coimbatore
Taluk and District of an extent of 1.66.50 Hectares (4.15 Acres) and issue
necessary patta and other records. The writ petition was disposed of with the
following directions:
6... the writ petition is disposed of with a direction against
the Executive Engineer, Tamil Nadu Housing Board to reply to the
letter of the third respondent dated 19.03.2010 in
Na.Ka.No.4384/2010/A1 within a period of ten days from the date
https://www.mhc.tn.gov.in/judis
W.A.No.631 of 2012
of receipt of a copy of this order and thereafter, the third
respondent shall pass appropriate orders regarding mutation of
revenue records in favour of the petitioners within four weeks. It is
needless to state that after the third respondent passes such orders
regarding mutation of records, the fourth respondent, on intimation
of the same, shall take appropriate steps to effect necessary entries
in the registers maintained by him..”
Challenging the order of the Writ Court, the first respondent therein has filed the
instant writ appeal.
2. Mr.P.Srinivas, learned counsel for the respondents 1 to 5/writ petitioners
submitted that pending the writ appeal, the respondents 6 to 8 have mutated the
revenue records and the property in question has been sold. It is further submitted
that the respondents 1 to 5 / writ petitioners have already challenged Section 4(1)
Notification and Declaration under Section 6 of the Land Acquisition Act, 1894 by
filing writ petitions and Section 6 Declaration was quashed by this Court with
liberty to initiate fresh acquisition proceedings, against which the appellant has
filed writ appeal and the same was also dismissed. Therefore, according to the
respondents, as on date no proceedings has been pending and nothing survives for
adjudication in this writ appeal.
D.KRISHNAKUMAR, J.
https://www.mhc.tn.gov.in/judis
W.A.No.631 of 2012
and
P.DHANABAL, J.
Jvm
3. Recording the above, this Writ Appeal stands closed, without prejudice to
the rights of the parties concerned. It is made clear that this order will not stand
in the way of the appellant Board to proceed as against the writ petitioners in any
other proceedings. No costs. Consequently, connected miscellaneous petition is
closed.
(D.K.K., J.) (P.D.B., J.)
15.06.2023
Intex : Yes/No
Internet : Yes/No
Jvm
To
1.The Special Tahsildar,
Land Acquisition Housing Scheme-I,
Kovai Housing Scheme Complex, Tatabad, Coimbatore-641 012.
2.The Tahsildar (North),
Collectorate Complex, Coimbatore-641 018.
3.The Sub-Registrar, Gandhipuram, Sanganur Main Road,
Coimbatore-641 027.
W.A.No.631 of 2012
https://www.mhc.tn.gov.in/judis
