Allowed

C.Sakthivel v. The Chairman Cum

Madras HC24 Oct 2024WP/24469/2021

Case brief

AI extract

What is this about?

Petitioners sought patta for plots at Veerakeralam Village, Coimbatore; the Zonal Deputy Tahsildar rejected their applications citing pending land acquisition. The acquisition had been quashed in 1991 and government writ appeals dismissed for default in 2001. The court set aside the rejection and remitted the applications to the fifth respondent for fresh consideration.

What did the court decide?

Impugned orders set aside; applications remitted to 5th respondent for consideration within six weeks; connected WMPs closed; no costs.

C.Sakthivel Vs The Chairman Cum — Land Acquisition | Madras HC (2024)

¶1

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 24.10.2024

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

¶6

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021 and

¶7

W.M.P.Nos.25791, 25795, 25803, 25809 and 25811 of 2021

¶8

C.Sakthivel ... Petitioner in WP.No.24469 and 24491/2021 A.Andamuthu ... Petitioner in WP.No.24475/2021 A.C.Rajesh ... Petitioner in WP.Nos.24480 and 24489/2021

¶9

vs.

¶10

1.The Chairman Cum District Collector, Local Planning authority, First Floor, Corporation Shopping Complex, Raju Naidu Street, Sivananda Colony, Coimbatore

¶11

2.The District Revenue Officer, Coimbatore.

¶12

3.The Revenue Divisional Officer, Coimbatore.

¶13

1/10

¶14

https://www.mhc.tn.gov.in/judis

¶15

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021

¶16

4.The Tahsildar,

¶17

Perur,

¶18

Perur Taluk, Coimbatore District.

¶19

5.The Zonal Deputy Tahsildar, Perur, Perur Taluk, Coimbatore District.

¶20

6.The Chairman Cum Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai – 600107. ... Respondents (in all WPs)

¶21

(R6 Suo Motu impleaded Vide Order dated 14.08.2023 made in WP.Nos.24469, 24475, 24480, 24489 and 24491/2021)

¶22

PRAYER in W.P.Nos.24469 of 2021: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in impugned order Dated 27.07.2021 in Application No.2021/0103/12/303315 on the file of the 5 th respondent and directing the respondents to grant patta in the name of the petitioner for the property admeasuring 1188 sq.ft., 2 Cents and 317 sq.ft., out of 2388 sq.ft., or 5 Cents & 210 Sq. ft., comprised in layout No.76 and comprised in Sy.No.54, 55/1 and 55/2, situated at Veerakeralam Village, Perur Taluk, Coimbatore District.

¶23

PRAYER in W.P.Nos.24475 of 2021: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in impugned order Dated 27.07.2021 in

¶24

2/10

¶25

https://www.mhc.tn.gov.in/judis

¶26

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021

¶27

Application No.2021/0103/12/303295 on the file of the 5 th respondent and directing the respondents to grant patta in the name of the petitioner for the property admeasuring 1620 sq.ft., 3 Cents and 313 sq.ft., comprised in Site No.60 Sy.No.54 & 55/2, situated at Veerakeralam Village, Perur Taluk, Coimbatore District.

¶28

PRAYER in W.P.Nos.24480 of 2021: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in impugned order Dated 27.07.2021 in Application No.2021/0103/12/303309 on the file of the 5 th respondent and directing the respondents to grant patta in the name of the petitioner for the property admeasuring 1200 sq.ft., or 2 Cents and 329 sq.ft., out of 2388 sq.ft., or 5 Cents & 210 Sq. Ft., comprised in layout No.76 and comprised in Sy.No.54, 55/1 and 55/2, situated at Veerakeralam Village, Perur Taluk, Coimbatore District.

¶29

PRAYER in W.P.Nos.24489 of 2021: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in impugned order Dated 27.07.2021 in Application No.2021/0103/12/303312 on the file of the 5 th respondent and directing the respondents to grant patta in the name of the petitioner for the property admeasuring 800 sq.ft., or 1 Cent and 364 ½ sq.ft., out of 2400 sq. ft., or 5 Cents & 210 Sq. ft., comprised in layout No.75 and comprised in Sy.No.54, 55/1 and 55/2, situated at Veerakeralam Village, Perur Taluk, Coimbatore District.

¶30

3/10

¶31

https://www.mhc.tn.gov.in/judis

¶32

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021

¶33

PRAYER in W.P.Nos.24491 of 2021: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records in impugned order Dated 27.07.2021 in Application No.2021/0103/12/303304 on the file of the 5 th respondent and directing the respondents to grant patta in the name of the petitioner for the property admeasuring 1590 sq.ft., 3 Cents and 283 sq.ft., out of 2400 sq.ft., comprised in Sy.No.54, 55/1 and 55/2, situated at Veerakeralam Village, Perur Taluk, Coimbatore District.

¶34

For Petitioners	: Mr.R.Rajarajan (in all WPs)
For R1 to R5	: Mr.A.Selvendran Special Government Pleader (in all WPs)
For R6	: Mr.V.Gunasekar
	Standing Counsel for TNHB (in all WPs)

¶35

C O M M O N O R D E R

¶36

These Writ Petitions are filed challenging the order passed by the 5^th respondent rejecting the applications filed by the petitioners seeking issuance of patta in their names on the ground that the subject properties

¶37

were under Land Acquisition Proceedings.

¶38

4/10

¶39

https://www.mhc.tn.gov.in/judis

¶40

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021

¶41

It is the case of the petitioners that they are the owners of the above

¶42

mentioned properties and the same were sought to be acquired by the respondents for Housing Project. Challenging the Section 4(1) Notification that was issued on 28.12.1981, writ petitions were filed by some of the land owners affected by the notification in W.P.No.172 of 1985 batch cases and the said writ petitions were allowed by this Court by order dated 12.12.1991. Thus, the Land Acquisition Proceedings in respect of the subject properties was quashed. Challenging the same, the Government preferred writ appeals in W.A.Nos.279 to 284 of 1996. The said writ appeals were dismissed for default on 25.04.2001 and the said order has attained finality. Therefore, as on today, there is no Land Acquisition Proceedings pending in respect of the subject properties. The petitioners are in possession of the subject lands by putting constructions thereon.

¶43

Now, the petitioners submitted online applications before the 5^th respondent seeking mutation of revenue records and issuance of patta in their names. However, the same has been rejected on the ground that Land Acquisition Proceedings is pending in respect of the subject properties. Aggrieved by the same, the petitioners have come before this Court.

¶44

5/10

¶45

https://www.mhc.tn.gov.in/judis

¶46

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021

¶47

The learned counsel appearing for the petitioners submitted that

¶48

even though the Land Acquisition Proceedings initiated in respect of subject properties was quashed by this Court, the 5^th respondent erroneously rejected the applications filed by the petitioners on the ground that Land Acquisition Proceedings was pending.

¶49

The averments made by the petitioners that the Land Acquisition Proceedings was quashed by this Court in W.P.No.172 of 1995 batch cases and writ appeals filed against the said order, were also dismissed for non-prosecution on 25.04.2001 are not disputed by the Special Government Pleader appearing for respondents 1 to 5 and learned Standing Counsel appearing for the 6^th respondent.

¶50

The learned Standing Counsel for TNHB appearing for the 6^th respondent produced the written instructions from Executive Engineer and Administration Officer, Tamil Nadu Housing Board, Coimbatore Housing Unit, HUDCO Colony, Peelamedu, Coimbatore-641004, dated 23.10.2024 in his Letter No.LA1/24469/2021. The relevant portion of the said letter reads as follows:-

¶51

6/10

¶52

https://www.mhc.tn.gov.in/judis

¶53

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021

¶54

“One of the notified person has filed a W.P.No.172/85 & batch cases against the land acquisition proceedings were allowed by the Hon'ble High Court on 12.12.1991 as a common order. Aggrieved by the orders, W.A.No.279/96 & Batch cases was filed by the government but the case was listed on 25.4.2001 as default case and dismissed. The Tamil Nadu Housing Board not made as a party respondent in this case. As per this office records, no appeal has been filed.

¶55

The possession of the land was not yet handed over to Tamil Nadu Housing Board since the scheme was not yet implemented in this land.”

¶56

In view of the same, as on today, there is no Land Acquisition Proceedings pending in respect of subject lands. Therefore, the impugned order passed by the 4^th respondent is liable to be set aside and accordingly, the Writ Petitions stand allowed.

¶57

The matters are remitted back to the file of 5^th respondent and the 5^th respondent is directed to consider the online applications of the petitioners and pass final orders on its own merits and in accordance with

¶58

7/10

¶59

https://www.mhc.tn.gov.in/judis

¶60

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021

¶61

law, within a period of six weeks from the date of receipt of copy of this order. No costs. Consequently, the connected writ miscellaneous petitions are closed.

¶62

24.10.2024

¶63

Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm

¶64

8/10

¶65

https://www.mhc.tn.gov.in/judis

¶66

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021

¶67

¶68

1.The Chairman Cum District Collector, Local Planning authority, First Floor, Corporation Shopping Complex, Raju Naidu Street, Sivananda Colony, Coimbatore

¶69

2.The District Revenue Officer, Coimbatore.

¶70

3.The Revenue Divisional Officer, Coimbatore.

¶71

4.The Tahsildar, Perur, Perur Taluk, Coimbatore District.

¶72

5.The Zonal Deputy Tahsildar, Perur, Perur Taluk, Coimbatore District.

¶73

6.The Chairman Cum Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai – 600107.

¶74

https://www.mhc.tn.gov.in/judis

¶75

9/10

¶76

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021

¶77

S.SOUNTHAR, J.

¶78

¶79

W.P.Nos.24469, 24475, 24480, 24489 and 24491 of 2021

¶80

24.10.2024

¶81

https://www.mhc.tn.gov.in/judis

¶82

10/10

C.Sakthivel v. The Chairman Cum

Case brief

What is this about?

What did the court decide?

C.Sakthivel v. The Chairman Cum

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.R.Ramanujam Vs The Tamil Nadu Housing Board

M/S.P and C Reality Promoters Private Limited, Vs the Inspector General of Registration

Selvi Vs the Inspector General of Registration Department

A.Anandhakumar Vs the Sub Registrar

Ramasamy Vs the District Collector

B.Arulkumar Vs the District Revenue Officer