BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2026 CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN C.M.P.(MD) No.1551 of 2026 in W.A.(MD) SR No.47000 of 2025 and W.A.(MD) SR No.47000 of 2025 P.Sheela Ramani Y.Nahomi (Died) ... Petitioner -vs-

1.The Secretary to Government State of Tamil Nadu Department of Housing and Urban Development Fort St.George Chennai-600 009

2.The Chairman and Managing Director Tamil Nadu Housing Board

493, Anna Salai, Nandanam Chennai-600 035 ... Respondents PRAYER (in C.M.P.(MD) No.1551 of 2026): Petition filed under Section 151 of the Code of Civil Procedure to grant leave to the petitioner to file a writ appeal as against the order passed by this Court, dated 06.08.2024 in W.P.

(MD) No.11075 of 2015.

PRAYER (in W.A.(MD) SR No.47000 of 2025): Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed by this Court, dated

06.08.2024 in W.P.(MD) No.11075 of 2015.

For Petitioner : Mr.K.Rajeshwaran For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader for R1

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.]

This civil miscellaneous petition is filed to grant leave to the petitioner herein to file a writ appeal as third party as against the order passed by the learned Single Judge, dated 06.08.2024 in W.P.(MD) No.11075 of 2015.

2. One Y.Nahomi, an erstwhile owner of the land acquired by the Tamil Nadu Housing Board, had filed the writ petition in W.P.(MD) No.11075 of 2015, seeking for issuance of a writ of certiorarified mandamus calling for the records relating to the proceedings of the Chairman and Managing Director, Tamil Nadu Housing Board, dated 15.05.2015, rejecting her request to re-convey the un-utilized land in Survey No.L5/4/3A of Vadiveeswaram Village, in the light of the Government Order in G.O.Ms.No.254, Housing and Urban Development (HB5) Department, dated 06.10.2003, and to quash the same.

3. The said writ petition came up for final disposal on 06.08.2024.

The learned Single Judge, after considering the counter filed by the Tamil Nadu Housing Board and the implication of Section 48-B of the Land Acquisition Act, 1894, viz-a-viz the Government Order in G.O.Ms.No.254, Housing and Urban Development (HB5) Department, dated 06.10.2003, dismissed the writ petition with the following observations:

“3. The second respondent, for whose purpose the land had been acquired, has filed a counter affidavit in which they have denied the allegations of the petitioner that the lands of the petitioner measuring 16.969 cents were not utilised in view of the non-continuity and access to the built up area. The second respondent has stated that adjacent lands were already developed and allotted to allottees and with reference to the petitioner's land, the scheme was made ready and the project was about to commence. Therefore, the question of the property lying vacant would not arise. It is also their contention that once an award is passed after the acquisition proceedings, the land vests with the Government and the land was already handed over to the Tamil Nadu Housing Board, the beneficiary body. Any rights acquired thereafter by the land owner stand automatically extinguished. They would contend that Section 48-B of the Land Acquisition Act, 1894, would be applicable only if the land is not needed by the Government. He would state that in the instant case, lands were required by them. Further, they would submit that large portion of the lands could not be taken possession of on account of litigation being pending against the acquisition proceedings.

4. They have also filed an additional affidavit, pursuant to the orders of this Court dated 04.09.2023, wherein they would submit that part of the lands acquired have already been put to use and they havenever intimated their disinclination to develop the remaining lands. It is also stated that they have received instruction from their Chief Engineer that they prop