Madras High Court
M.Vijayakumar Represented By vs Tamil Nadu Housing Board on 15 March, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
WP Nos.20938 to 20942 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15-03-2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP Nos.20938 to 20942 of 2013
And
MP Nos.1, 1, 1, 1, 1, 2, 2, 2, 2, 2, 3, 3, 3, 3 and 3 of 2013
M.Vijayakumar Represented by
Power Agent Mrs.E.Suryakala,
W/o.V.Elumalai,
No.7, Velusamy Nagar,
Kilkattalai,
Chennai-600 117. .. Petitioner in WP 20938/2013
N.Subramani .. Petitioner No.1 in WP 20939/2013
S.Gopinath .. Petitioner No.2 in WP 20939/2013
S.Suresh Kumar .. Petitioner No.3 in WP 20939/2013
S.Chandrasekaran .. Petitioner No.4 in WP 20939/2013
[Petitioners 1 to 4 in WP 20939/2013
Represented by Power Agent Mr.A.Ravi,
S/o.Mr.Amirtham,
No.16, Second Street,
Narasingapuram Extn.,
Guindy, Chennai-600 032.]
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WP Nos.20938 to 20942 of 2013
K.N.Dasappan Represented by
Power Agent Mr.A.Ravi, S/o.Mr.Amirtham,
5/6, First Cross Street,
4th Street,
Jeevan Nagar,
Adambakkam,
Chennai-600 088. .. Petitioner in WPs 20940 and
20941/2013
D.Barnabass Represented by
Power Agent Mrs.E.Suryakala,
W/o.V.Elumalai,
No.7, Velusamy Nagar,
Kilkattalai,
Chennai-600 117. .. Petitioner in WP 20942/2013
vs.
Tamil Nadu Housing Board,
Represented by its Executive Engineer-cum-
Administrative Officer,
Besant Nagar Division,
Tamil Nadu Housing Board,
Chennai-600 020. .. R-1 in all WPs
The Sub-Registrar,
Office of the Sub-Registrar,
Pallavaram at Chromepet,
Chennai-600 044. .. R-2 in all WPs
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WP Nos.20938 to 20942 of 2013
P.Deepa .. R-3 in WPs 20938 and
20942/2013
Mrs.G.Indira .. R-3 in WP 20939/2013
Mrs.L.Dhanalakshmi .. R-3 in WP 20940/2013
J.Ravi .. R-3 in WP 20941/2013
Mrs.R.Parameshwari .. R-4 in WP 20941/2013
WP No.20938 of 2013 is filed under Article 226 of the Constitution
of India, for the issuance of Writ of Certiorarified Mandamus, calling for the
records of the first respondent in its proceedings BN/HS/8947/2007 dated
26.08.2010 and the consequent proceedings dated 28.03.2013 of the second
respondent and quash the same and direct the second respondent to register
the Sale Deed dated 28.03.2013 executed by the petitioner in favour of the
third respondent in respect of land measuring an extent of 1526 sq. ft., in
Survey No.299/7, Kilkattalai Village, Chennai-600 117.
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WP Nos.20938 to 20942 of 2013
WP No.20939 of 2013 is filed under Article 226 of the Constitution
of India, for the issuance of Writ of Certiorarified Mandamus, calling for the
records of the first respondent in its proceedings BN/HS/8947/2007 dated
26.08.2010 and the consequent proceedings dated 27.03.2013 of the second
respondent and quash the same and direct the second respondent to register
the Sale Deed dated 27.03.2013 executed by the petitioner in favour of the
third respondent in respect of land measuring an extent of 1131 sq. ft.,
together with a building in Plot No.2, comprised in Survey No.298/11-D,
Kilkattalai Village, Chennai-600 117.
WP No.20940 of 2013 is filed under Article 226 of the Constitution
of India, for the issuance of Writ of Certiorarified Mandamus, calling for the
records of the first respondent in its proceedings BN/HS/8947/2007 dated
26.08.2010 and the consequent proceedings dated 27.03.2013 of the second
respondent and quash the same and direct the second respondent to register
the Sale Deed dated 27.03.2013 executed by the petitioner in favour of the
third respondent in respect of land measuring an extent of 678 sq. ft. (out of
11 cents) together with a building in Plot No.2, comprised in Survey
No.300/4, Kilkattalai Village, Chennai-600 117.
WP No.20941 of 2013 is filed under Article 226 of the Constitution
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WP Nos.20938 to 20942 of 2013
of India, for the issuance of Writ of Certiorarified Mandamus, calling for the
records of the first respondent in its proceedings BN/HS/8947/2007 dated
26.08.2010 and the consequent proceedings dated 27.03.2013 of the second
respondent and quash the same and direct the second respondent to register
the Sale Deed dated 27.03.2013 executed by the petitioner in favour of the
third and fourth respondents in respect of land measuring an extent of 677
sq. ft. (out of 11 cents) together with a building in Plot No.3, comprised in
Survey No.300/4, Kilkattalai Village, Chennai-600 117.
WP No.20942 of 2013 is filed under Article 226 of the Constitution
of India, for the issuance of Writ of Certiorarified Mandamus, calling for the
records of the first respondent in its proceedings BN/HS/8947/2007 dated
26.08.2010 and the consequent proceedings dated 28.03.2013 of the second
respondent and quash the same and direct the second respondent to register
the Sale Deed dated 28.03.2013 executed by the petitioner in favour of the
third respondent in respect of land measuring an extent of 9 cents of land
(out of 14 cents) in Survey No.299/9, Kilkattalai Village, Chennai-600 117.
For Petitioner in all WPs : Mr.K.Mahendran for
M/s.Mcgan Law Firm.
For Respondent-1 in all : Mr.A.M.Ravindranath,
WPs Standing Counsel for TNHB.
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WP Nos.20938 to 20942 of 2013
For Respondent-2 in all : Mr.S.Ravichandran,
WPs Additional Government Pleader.
For Respondent-3 in all
WPs and R-4 in WP
20941/2013 : No Appearance
COMMON ORDER
The land acquisitions proceedings were initiated in respect of the lands belong to the petitioners. The petitioners' lands were sought to be acquired for the benefits of the Tamil Nadu Housing Board for the formation of Pallavaram NH Scheme. The Awards were passed and consequently the Tamil Nadu Housing Board addressed a letter to the Sub Registrar, Pallavaram not to register any document in respect of the acquired lands.
2. The learned counsel for the petitioners made a submission that the acquisition proceedings were challenged in all these writ petitions and it was quashed as detailed hereunder:-
WP No. Survey No. Quashed in WP WA SR No. and No. and Page Page No. in No. in T/Set T/Set 20938 of 2013 299/7 11500/1998 4224/2011 Page No.23 Page Nos.121 6/10 https://www.mhc.tn.gov.in/judis WP Nos.20938 to 20942 of 2013 WP No. Survey No. Quashed in WP WA SR No. and No. and Page Page No. in No. in T/Set T/Set to 123 20939 of 2013 298/11D 11497/1998 4208/2011 Page No.23 Page Nos.121 to 123 20940 of 2013 300/4 11499/1998 4220/2011 Page No.23 Page Nos.121 to 123 20941 of 2013 300/4 11499/1998 4220/2011 Page No.23 Page Nos.121 to 123 20942 of 2013 299/9 20300/1994 9270/2011 Page Nos.16 to Page No.127 17
3. The learned Standing Counsel for the first respondent and the learned Additional Government Pleader for the second respondent have made a submission that the Government Order issued in acquisition of lands was dropped pursuant to the orders passed by the High Court in the writ proceedings.
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4. It is not in dispute that the subject property belongs to the petitioners were dropped from the acquisition proceedings. It is clarified by the respondents that acquisition proceedings were partly quashed and in respect of other Schemes, the acquisition proceedings are confirmed and the possession of the portion of that lands, which are acquired, are in the possession of the Tamil Nadu Housing Board.
5. As far as the petitioners' lands are concerned, acquisition proceedings were dropped and therefore, the impugned orders are liable to be set aside.
6. Accordingly, the impugned order passed by the first respondent in proceedings BN/HS/8947/2007 respectively dated 26.08.2010, 26.08.2010, 26.08.2010, 26.08.2010 and 26.08.2010 and the consequential proceedings of the second respondent respectively dated 28.03.2013, 27.03.2013, 27.03.2013, 27.03.2013 and 28.03.2013 are quashed and consequently, all the writ petitions are allowed. The connected 8/10 https://www.mhc.tn.gov.in/judis WP Nos.20938 to 20942 of 2013 miscellaneous petitions are closed.
15-03-2023 Speaking Order/Non-Speaking Order. Neutral Citation : Yes/No. Internet : Yes/No. Index: Yes/No. Svn To
1.The Executive Engineer-cum-
Administrative Officer, Tamil Nadu Housing Board, Besant Nagar Division, Tamil Nadu Housing Board, Chennai-600 020.
2.The Sub-Registrar, Office of the Sub-Registrar, Pallavaram at Chromepet, Chennai-600 044.
S.M.SUBRAMANIAM, J.
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