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2010 Supreme(Mad) 578

ELIPE DHARMA RAO, N.PAUL VASANTHAKUMAR
The Managing Director,Tamil Nadu Housing Board – Appellant
Versus
S. Gajendran & Another – Respondent


Advocates Appeared:
For the Appellant :D. Veerasekaran, Advocate.
For the Respondents:R1, V. Ajay Kumar, Advocate, R2, G. Desingu Spl. Government Pleader.

Judgment :-

N. PAUL VASANTHAKUMAR, J.

This writ appeal is directed against the order made in W. P. No. 15247 of 2005 dated 29. 4. 2005 wherein the learned single Judge allowed the writ petition filed by the first respondent seeking reconveyance of the land situated in S. No. 327/2B (Part) of Nolambur Village, Ambattur Taluk, measuring an extent of 1. 06 acres.

2. The Tamil Nadu Housing Board filed this appeal contending that the order of the Division Bench made in W. A. No. 2430 of 1999, which was relied on by the learned single Judge has no bearing on the facts of this case, and the writ petition was allowed at the admission stage, without issuing any notice or opportunity to the appellant, and the subject matter of the land is developed by the Tamil Nadu Housing Board after getting possession in the year 1985 and approval of layout. The entire land approved and the lay out for MMDA/PRSP/LO 72/88 was used except the school site.

3. The case of the first respondent before the learned single Judge was that 1. 06 acres of land in S. No. 327/2B (Part) of Nolambur village, Ambattur Taluk was acquired by the Government in the year 1982 by issuing notification under Section 4(1) of the





































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