2025:MHC:2998

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

and

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.P.Nos.32371 & 32376 of 2023

and

W.M.P.Nos.31992 & 31995 of 2023

W.P.No.32371 of 2023

Princy Thomas ... Petitioner

Vs.

1. The Executive Engineer

and the Administrative officer,

Anna Nagar Division,

Tamil Nadu Housing Board,

Thirumangalam Shopping Complex,

Thirumangalam,

Chennai – 600 101.

2. The District Revenue officer,

Chennai.

(R2- Suomotu impleaded vide order

dated 30.06.2025 made in

WP.32371/2023 by MSJ & HCJ) ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records relating to the impugned order dated 17.10.2023 vide Letter No.A.Na.Ko/Survey/0273/

2017-2 passed by the respondent and quash the same.

N.Balasingh ... Petitioner Vs.

1. The Executive Engineer and the Administrative officer, Anna Nagar Division, Tamil Nadu Housing Board, Thirumangalam Shopping Complex, Thirumangalam, Chennai – 600 101.

2. The District Revenue officer, Chennai.

(R2- Suomotu impleaded vide order dated 30.06.2025 made in WP.32376/2023 by MSJ & HCJ) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records relating to the impugned order dated 17.10.2023 vide Letter No.A.Na.Ko/Survey/0273/

2017-3 passed by the respondent and quash the same.

For Petitioner in both the WPs. : Mr.R.Abdul Mubeen for Mr.K.Ezhumalai For Respondents in both the WPs. : Mr.D.Veerasekaran Standing Counsel for TNHB for R1 Mr.T.Arunkumar, Addl.G.P. for R2

COMMON ORDER

S.M.SUBRAMANIAM,J.

Under assail is the order of rejection passed by the Executive Engineer and Administrative Officer, Annanagar Division of Tamil Nadu Housing Board, dated 17.10.2023, asking the petitioners to vacate the encroached subject property.

2. It is not in dispute that the lands are acquired to a larger extent at Annanagar West, Padi Village, Ambathur Taluk, presently, falling within the territorial jurisdiction of Greater Chennai Corporation.

3. Section 4(1) Notification for the subject land in S.No.223 was issued on 12.11.1975. Notification under Section 6-DD for the land to an extent of 0.93 acres (93 cents) was published on 10.11.1978. After completing the procedures as contemplated under the Land Acquisition Act, by affording an opportunity to the erstwhile land owners to raise their objections, an award was passed on 17.02.1982 in Award No.2/1982, for the total extent of 15.30 arces including the subject land in S.No.223 of Padi Village, Ambattur for an extent of 0.93 acres. On 03.03.1982, the erstwhile land owners represented before the Special Tahsildar, seeking enhancement of compensation under Section 18 of the Land Acquisition Act, 1984, in respect of the subject land in S.No.223. Compensation was enhanced subsequently, and the enhanced compensation was also settled in favour of the erstwhile land owners. Transfer of charge certificate, after paying the enhanced compensation was issued, vide certificate, dated 03.03.1988.

4. The erstwhile owners viz.,i.e., Loganathana Naicker and 4 others, preferred W.P.No.3335/1982 to quash the Award No.2/1982 dated 17.02.1982. Writ Petition was allowed to an extent of 4.32 acres, out of the total extent of 15.08 acres acquired. The Tamil Nadu Housing Board preferred W.A.No.868/1994 challenging the writ order and the said writ appeal came to be allowed by the Division Bench of this Court on

16.02.1996. The writ order in W.P.No.2880/1982 was set aside.

5. On 06.07.2006, the Housing Board received a letter from the Member Secretary, CMDA, that the land in S.No.165, 224/1&2, 225, 223/1, 251/1&2 of Padi Village are affected by the proposal ICC (Rail) alignment. However, composite corridor taking ICC (Rail) alignment on the median of IRR has been approved by CMDA on 27.03.2001 and it was forwarded to the Government for approval. The Government issu