Writ Appeal dismissed by Division Bench. Court reviewed whether the Single Judge correctly allowed the petition to quash a land acquisition notification given the repeal of the principal Act and lack of State possession. Confirmed lower court order.
Writ Appeal dismissed; connected miscellaneous petition closed; costs directed against appellants.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2016
CORAM:
THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
WRIT APPEAL No.804 OF 2012
... Appellants
-vs-
Palaniappa Nagar E.B. Colony Welfare Association, rep. By its President, M.Sethu Subramaniam, No.62, E.B. Colony, Coimbatore 641 001. ... Respondent
Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 20.07.2010 passed by the learned Single Judge in W.P.No.1762 of 2010. Petition presented under Art.226 f the constitution of India to issue a writ of certiorarified mandamus to call for records from the file of the 1st Respondent relating to the impugned notification in Ref.No.21919/86/A-1 dated 28.10.1990 issued in respect of S.F.Nos.10/1B 11/1B 15/1A2 and 14 of Kumarapalayam Village Coimbatore Taluk and quash the same and consequently directing the 2nd Respondent The No:2 Joint Sub-Registrar Joint Sub-Registrar Office Raja Street Coimbatore to register the documents in respect of the approved layout of Palaniappa Nagar Municipal Corporation Electricity Employees Colony of Kumarapalayam Village Coimbatore Taluk.
For Appellants : Mr.N.Srinivasan, Addl. Government Pleader For Respondent : Mrs. Hema Sampath, Senior Counsel for Mr.S.Gunalan
J U D G M E N T
(Judgment of the Court delivered by S.VAIDYANATHAN,J.)
This Writ Appeal is filed challenging the order dated 20.07.2010 passed by the learned Single Judge in W.P.No.1762 of 2010, whereby, the Writ Petition seeking to quash the notification dated 28.10.1990 issued by the 1st appellant herein was allowed with a direction to the 2nd appellant herein to register the documents in respect of the properties in question, if presented by the writ petitioner Association or its members.
“12. It is further held in the above said batch cases by the Hon’ble Division Bench “thus, possession allegedly taken over by the respondents without issuing due notice to the person who was in actual possession of the land was held to be illegal in the eye of law. Therefore, the question of initiating fresh proceedings applying the mandatory provisions under the Act would not arise at this distant point of time as the 1978 Act had come to be repealed by Act 20 of 1999. A perusal of the records in this case reveals that neither the petitioner, who was the actual owner, nor his immediate vendor had even been served with a notice. The possession allegedly taken over by the respondents without issuing due notice to the person who was in actual possession of the land was held to be illegal in the eye of law.”
In fine, the Writ Appeal stands dismissed. No costs. Consequently, connected M.P.No.1 of 2012 is closed.
Sub Assistant Registrar
aeb
To
RSY(CO) Eu 19.5.16
2 issues framed by the court
Whether the Writ Appeal challenging the Single Judge's order allowing the writ petition to quash the acquisition notification should be allowed.
Whether the alleged acquisition proceedings were valid when the State did not take physical possession and the 1978 Act had been repealed by 1999.
Colour shows how this judgement treated each authority
First Bench of this CourtReferred¶20
W.A.Nos.137 & 587 of 2009
Order dated 16.07.2014Referred¶20
W.P.No.4315 of 2011
The Competent Authority and Assistant Commissioner, Urban Land Tax, Coimbatore
The No.2 Joint Sub Registrar, Joint Sub Registrar Office, Raja Street, Coimbatore
Palaniappa Nagar E.B. Colony Welfare Association, rep. By its President, M.Sethu Subramaniam
R.Sudhakar
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
