This petition was dismissed as premature. The petitioner had filed the writ immediately after sending a representation by registered post without waiting for any response from the respondents.
Writ petition dismissed; no costs awarded; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD).No.10670 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.10670 of 2021 and W.M.P.(MD).No.8305 of 2021
R.Seeniammal
... Petitioner
Vs.
1.The State of Tamilnadu rep. by its Secretary to the Government,
Housing and Urban Development Department,
Fort St. George, Chennai – 600 009.
2.The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Kovilpatti, Kovilpatti Taluk,
Thoothukudi District.
3.The Executive Engineer / Administrative Officer, Tamilnadu Housing Board, Tirunelveli Housing Unit, Kamarajar Salai, Anbunagar, Tirunelveli – 627 011. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to declare the land acquisition proceedings initiated by the respondents as “deemed to be lapsed” as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in respect of the property comprised in S.No.4/1 of an extent of 1.33.0 Hectares situated at Alampatti Village, Kovilpatti Taluk, Thoothukudi District.
For Petitioner : Mr.C.Gangai Amaran For Respondents : Mr.M.Lingadurai Government Advocate
ORDER
This writ petition has been filed for a direction to the respondents to consider the representation made by the petitioner, on 14.06.2021, which was sent to the respondents, on 19.06.2021, through a registered post, wherein, the petitioner is seeking for declaration of the acquisition proceedings as deemed to have lapsed.
2.In the considered view of this Court, this writ petition is premature and the petitioner has rushed to this Court without even waiting for the response from the respondents. The copy of the https://hcservices.ecourts.gov.in/hcservices/
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W.P.(MD).No.10670 of 2021
representation shows that it was sent by registered post, on 19.06.2021 and the writ petition has been filed, on 24.06.2021. This type of premature writ petitions can never be entertained by this Court.
3.Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar (ADII)
// True Copy //
TM
NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Secretary to the Government, Housing and Urban Development Department, Fort St. George, Chennai – 600 009.
+1 CC to M/s.SPL GP ( SR-21539[F] dated 07/07/2021 )
LS(CO) KB(13.07.2021) 2P 5C
2/2
2 issues framed by the court
Whether this Court should entertain a writ petition filed immediately after the registration of a representation without awaiting the authority's response.
Whether a claim for deemed lapse of land acquisition proceedings under Section 24(2) of the RFLA, 2013 is maintainable as a premature petition.
2 provisions across 2 enactments
R.Seeniammal
The State of Tamilnadu rep. by its Secretary to the Government, Housing and Urban Development Department
The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Kovilpatti
The Executive Engineer / Administrative Officer, Tamilnadu Housing Board, Tirunelveli
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
