Madras High Court
S.Sai Kishore vs The Principal Secretary To The ... on 28 May, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy, T.V.Thamilselvi
W.P.No.19385 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.05.2025
CORAM :
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
and
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
W.P.No.19385 of 2025
and W.M.P.Nos.21638 and 21639 of 2025
S.Sai Kishore ... Petitioner
Vs.
1.The Principal Secretary to the Government
Housing and Urban Development Department
Fort St. George
Chennai 600 009
2.The Special Tahsildar
(Land Acquisition) Housing Scheme
Hosur
Krishnagiri District
3.The Managing Director
Tamil Nadu Housing Board
493, Anna Salai
Nandanam, Chennai 600 035
4.The Executive Engineer
Tamil Nadu Housing Board
Hosur Housing Board Section
Pagaloor Road, Hosur, Krishnagiri ... Respondents
Page 1 of 7
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W.P.No.19385 of 2025
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of Writ of Certiorari, calling for the records
relating to letter No.P2/5389/2005 dated 20.05.2025, issued by the 4th
respondent and to quash the same.
For Petitioner : Mr.K.A.Ravindran
for Durai Gunasekaran
For Respondents : Mr.T.K.Saravanan
Addl. Govt. Pleader - R1 & R2
Mr.S.Ramachandran
Standing Counsel - R3 & R4
ORDER
(Order of the Court was made by SENTHILKUMAR RAMAMOORTHY, J.)
The petitioner challenges a communication dated 20.05.2025 from
the 4th respondent. Pursuant to proceedings initiated under the erstwhile
Land Acquisition Act, Award No.2 of 1994 was issued and the
compensation amount was deposited in the Sub Court, Hosur. The
petitioner's mother filed W.P.No.12259 of 2014, which was allowed by
order dated 03.09.2014 and Award No.2 of 1994 was quashed insofar as
the petitioner's land was concerned. The 3rd respondent filed
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W.A.No.1379 of 2018, which was allowed by judgment dated
10.07.2023. At paragraph 10 thereof, this Court categorically recorded
that the Tamilnadu Housing Board took possession of the property,
deposited the compensation amount and issued notice to the land owner.
In those circumstances, the writ appeal was allowed by granting leave to
the petitioner's mother to agitate the matter afresh under Section 24(2) of
the Right to Fair Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013 i.e. the Central Act 30 of
2013. The petitioner's mother did not take any steps pursuant thereto.
2.On or about 12.11.2024, the petitioner sent a representation to
the Chief Minister's Special Cell. Such letter has been forwarded to the
4th respondent for necessary action.
3.Mr.T.K.Saravanan, learned Additional Government Pleader
accepts notice on behalf of respondents 1 and 2 and Mr.S.Ramachandran,
learned Standing Counsel accepts notice on behalf of respondents 3 and
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4.Learned counsel for the Housing Board has placed on record the
patta issued to the Housing Board pursuant to the acquisition. Therefore,
he submits that the petitioner is no more than an encroacher.
5.In the facts and circumstances outlined above, we are not
inclined to grant any protection to the petitioner. However, we leave it
open to the 4th respondent to consider the petitioner's representation
dated 12.11.2024 and dispose of the same on merits within six (6) weeks
from the date of receipt of a copy of this order. This writ petition is
disposed of on the above terms. No costs. Consequently, connected
miscellaneous petitions are closed.
[S.K.R, J.] [T.V.T.S, J.]
28.05.2025
(2/2)
kas
Index: Yes / No
Neutral Citation
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To.
1.The Principal Secretary to the Government
Housing and Urban Development Department
Fort St. George
Chennai 600 009
2.The Special Tahsildar
(Land Acquisition) Housing Scheme
Hosur
Krishnagiri District
3.The Managing Director
Tamil Nadu Housing Board
493, Anna Salai
Nandanam, Chennai 600 035
4.The Executive Engineer
Tamil Nadu Housing Board
Hosur Housing Board Section
Pagaloor Road, Hosur, Krishnagiri
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SENTHILKUMAR RAMAMOORTHY, J.
AND
T.V.THAMILSELVI, J.
kas
and W.M.P.Nos.21638 and 21639 of 2025
(2/2)
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28.05.2025
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