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HIGH COURT OF JUDICATURE AT MADRAS
C.S. KARNAN, J.
K.S. Palaniappan & Another – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary, Housing & Urban Development Ministry, Fort St. George, Chennai & Others – Respondent
W.P. Nos. 9986 & 9987 of 2014 & M.P. Nos. 1 & 2 of 2014
Decided On : 03-03-2015
Land Acquisition - Tamil Nadu Housing Board - Old Act 1894, New Act 30 of 2013 - The court dismissed the writ petition filed by the petitioner challenging the acquisition of their land by the Housing Board. The court held that the acquisition proceedings had become lapsed and the petitioner was not entitled to any relief under the new act. The sale deed executed in favor of the fourth respondent was considered valid under the law. The court also noted that the petitioner's claim was not maintainable as it was res judicata and dismissed the petition with no order as to costs.
Fact of the Case:
The petitioner, the owner of a property in Thiruvanmiyur, Chennai, challenged the acquisition of their land by the Tamil Nadu Housing Board. The petitioner claimed continuous possession of the property and alleged fraudulent sale and illegal possession by the fourth respondent.
Finding of the Court:
The court found that the acquisition proceedings had become lapsed and the petitioner was not entitled to any relief under the new act. The sale deed executed in favor of the fourth respondent was considered valid under the law. The court also noted that the petitioner's claim was not maintainable as it was res judicata and dismissed the petition with no order as to costs.
Issues: The main issues were the validity of the acquisition proceedings, the legality of the sale deed executed in favor of the fourth respondent, and the maintainability of the petitioner's claim.
Ratio Decidendi: The court held that the acquisition proceedings had become lapsed, the petitioner was not entitled to any relief under the new act, and the sale deed executed in favor of the fourth respondent was valid under the law. The court also noted that the petitioner's claim was not maintainable as it was res judicata.
Final Decision: The court dismissed the writ petition filed by the petitioner with no order as to costs.
1. The petitioner is the owner of the property comprised in S.No.88/9B measuring to an extent of 2,400 sq.ft. and in Old Patta No.165, New Patta No.2020, situated at Ganapathy Second Street, Avvai Nagar, Thiruvanmiyur, Chennai - 600 041. The petitioner submits that the Tamil Nadu Housing Board has initiated acquisition proceedings by passing G.O.Ms.No.65, dated 15.03.1971 acquiring large extent of lands in Thiruvanmiyur to form Thiruvanmiyur Neighbourhood and in the said Land Acquisition Proceedings, the petitioner's lands were also acquired under the same. Various writ petitions have been filed before this Court, challenging the above acquisition and the petitioner herein had challenged the acquisition of their lands by filing writ petition before this Court in W.P.No.12957 of 1986 and the same was allowed by this Court on 11.10.1991 along with the batch of cases by quashing the Land Acquisition Proceedings. The petitioner further submits that from the date of purchase, the petitioner is in possession of the property continuously and uninterruptedly without anybody interfering whatsoever till date and the old buildings which were in existence has fallen down due to the dilapidated condition since they are very old and now the property is lying vacant for the past few years. The petitioner further submits that after the Land Acquisition Proceedings were quashed, the Government has not filed any appeal against that order in time nor any notice has been served on him or received by him from any Court or no notice of any acquisition proceedings ever received by him after the quashing of the Land Acquisition Proceedings till date.
2. The petitioner further submits that one Mr. N.Rangasamy is looking after his property. On 25.07.2013, he has removed the bushes and thorns in the property and cleaned the site by using a JCB and he has purchased pillars and barbed wires and stored it in the property for the purpose of putting up a fence since public are using the property by storing the unwanted items by throwing it into the property haphazardly. All of a sudden on 28.07.2013, the fourth respondent herein sent his hooligans to their property and attempted to trespass the same with the help of accomplices by removing the pillars and barbed wires without any semblance of right or wrong. On coming to know of the attempt, he went to the property and questioned the persons gathered there as to what business for them to enter into their property without his permission. By that time, they have replied in harsh words and claimed that the fourth respondent has purchased the property and they came to measure the property on behalf of him. When he questioned them how could he has purchased their property without their knowledge and consent, they started to threaten him with dire consequences saying blood would flow if he would not go out of the place. Since he went alone fearing for his life, he left the place. Again on 29.07.2013, on receipt of information from the neighbour, he went to the place and found lot of hooligans employed by the fourth respondent who were assembled in their place and on enquiry, they threatened him to do away with his life if he interfered and questioned them. Hence, he had preferred a complaint on 31.07.2013 before Thiruvanmiyur Police, after collecting information about the persons and the same was received by the Police in C.S.R.No.297/J6PS/2013 and they issued receipt to him. The petitioner further submits that the Police Authorities has called upon the fourth respondent herein and enquired about the matter by that time, the fourth respondent claimed orally that he has purchased the property from the Housing Board without furnishing any details or records. Mr. R.Rangasamy produced all their documents, patta, High Court Order to substantiate their claim. By that time, the fourth respondent collected their title documents copy and promised the Police Authorities that he would furnish his records and infor
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