Dismissed

B.Viswanathan v. The Government of Tamil Nadu

Madras HC3 Mar 2022WA/444/2022

Case brief

AI extract

What is this about?

The High Court of Madras dismissed a writ appeal filed by landowners who sought declaration that their land acquisition proceedings lapsed under RLA 2013. The appeal was withdrawn with liberty to pursue the case in lower courts, resulting in disposal without merits.

What did the court decide?

Writ appeal dismissed as withdrawn with liberty to pursue the case for reconveyance in the writ petition.

B.Viswanathan Vs The Government of Tamil Nadu — Land Acquisition | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.03.2022

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CORAM :

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THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.A.No.444 of 2022 and

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C.M.P.No.3250 of 2022

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B.Viswanathan 2. B.Loganathan B.Venugopal (died) 3. B.Sulotchana 4. V.Pappitha 5. V.Narmatha 6. V.Monetha [Cause title accepted vide court order dt.23.2.22 made in MP.2775/22 in WA.SR.10524/22) .. Appellants vs 1. The Government of Tamil Nadu, Rep. by the Secretary to Govt., Housing & Urban Development Department, Fort St. George, Chennai 600 009. 2. The Tamilnadu Housing Board, Rep. by its Chairman & Managing Director, Nandanam, Anna Salai, Chennai 600 035.

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The Executive Engineer & Administrative Officer, TNHB, Coimbatore Unit, Tatabad, Coimbatore-18. 4. The Special Tahsildar (LA) and Land Acquisition Officer, Housing Scheme Unit-I, Tatabad, Coimbatore. .. Respondents

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https://hcservices.ecourts.gov.in/hcservices/

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Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 23.08.2021 passed in W.P.No.27841 of 2014 on the file of this Court.

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Prayer in W.P.No.27841 of 2014 :-Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of declaration declaring that the land acquisition proceedings initiated under the Land Acquisition Act 1894 with respect to the lands of an extent of 3.67 acres comprised in S.F. No.58 of an extent of 1.55 acres comprised in S.F. No.59 and an extent of 2.56 acres comprised in S.F. No.63 situated at Veerakeralam Village, Coimbatore, belonging to the petitioners as lapsed in view of the Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Act 30/2013).

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For the Appellants : Mr.AR.L.Sundaresan, Sr. Counsel for Mr.B.Nedunchezhiyan

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For the Respondents : Mr.C.Kadhiravan Spl. G.P. (LA) for R-1 : Dr.R.Gouri for RR 2 and 3

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JUDGMENT

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(Judgment of the Court was delivered by

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the Hon'ble Chief Justice)

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The learned counsel for the appellants prays for withdrawal of the writ appeal with liberty to pursue the case for reconveying the land, which is alleged to have not been utilised other than a small part.

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In view of the above, the writ appeal is dismissed as withdrawn with the liberty as prayed for. No costs.

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Sd/-

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Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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sra

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To:

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The Secretary to Government of Tamil Nadu,

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Housing & Urban Development Department,

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Fort St. George, Chennai 600 009.

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The Chairman & Managing Director, Tamilnadu Housing Board,

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Nandanam, Anna Salai,

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Chennai 600 035.

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The Executive Engineer & Administrative

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Officer, TNHB, Coimbatore Unit,

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Tatabad, Coimbatore-18.

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The Special Tahsildar (LA) and

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Land Acquisition Officer,

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Housing Scheme Unit-I, Tatabad,

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Coimbatore.

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+1cc to Mr.B.Nedunchezhiyan, Advocate, S.R.No.14227

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+1 cc to the Government Pleader, Sr.No.14609(18/03/2022)

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W.A.No.444 of 2022

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SSV[co] NSK 14/03/2022

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https://hcservices.ecourts.gov.in/hcservices/

B.Viswanathan v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

B.Viswanathan v. The Government of Tamil Nadu

Case brief

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What did the court decide?

What the court decided

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