IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction )

Monday, the Eighth day of February Two Thousand Twenty One

PRESENT

THE HON`BLE MR JUSTICE N.SESHASAYEE

WP No.2401 of 2021

E.VELU

[ PETITIONER ]

Vs

1 THE CHAIRMAN AND MANAGING

[ RESPONDENTS ]

DIRECTOR, THE TAMIL NADU HOUSING BOARD,

NO.493, ANNA SALAI, NANDANAM,

CHENNAI 600 035.

2 THE EXECUTIVE ENGINEER,

THE TAMIL NADU HOUSING BOARD, NO.493,

ANNA SALAI, NANDANAM, CHENNAI 600 035.

3 THE SPECIAL TAHSILDHAR (LAND

ACQUISITION), STATE HOUSING BOARD SCHEMES,

NANDANAM, ANNA SALAI, CHENNAI 600 035.

4 THE INSPECTOR GENERAL OF REGISTRATION,

100 SANTHOME HIGH ROAD, MULLIMA NAGAR,

MANDAVELIPAKKAM, RAJA ANNAMALAI PURAM,

CHENNAI 600 028.

5 THE SUB REGISTRAR JOINT -1,

NO.98, NELLUKKARA STREET, PERIYA KANCHIPURAM

KANCHIPURAM 631 501.

6 MR. V.RAJARAM,

7 MR. U.RAVI,

8 MR. U. SIVAKUMAR,

9 MS.U.VASUKI,

10 MS.U.VANI,

11 MR. SENTHIL @ S.YUVARAJ,

12 MRS. NIRMALA

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13 AJITHKUMAR

MINIOR REP. BY HIS FATHER AND

NATURAL GUARDIAN U.SIVARAJ.DOOR

NO.1/145 THIRUVEEDI AMMAN KOIL

STREET, AYYAPAKKAM, CHENNAI 600 086.

14 MASTER SATHIYARAJ,

MINIOR REP. BY HIS FATHER AND NATURAL

GUARDIAN U.SIVARAJ.DOOR NO.1/145 THIRUVEEDI

AMMAN KOIL STREET, AYYAPAKKAM,

CHENNAI 600 086.

Writ Petition filed under article 226 of the Constitution of

India praying for issue writ of a certiorarified mandamus or any

other order or direction in the nature of a writ calling for the

records of the 5th respondent, dated 19/12/2020 in

Ref.208/APB/2020 and quash the same and further direct the 5th

respondent to register and return the sale deed to the petitioner

(in WP.No.2401/2021)

Order : This petition coming on for orders upon perusing

the petition and the affidavit filed in support thereof and upon

hearing the arguments of M/S.T.THIYAGARAJAN, Advocate for the

petitioner and of MR.M.BASKAR, standing counsel for the 1^st and 2^nd

respondents and of MR.D.RAJA Government Advocate for the 3^rd

respondents and of MR.T.M.PAPPIAH, Special Government Pleader,

for the 4^th and 5^th respondents the court made the following order:-

The issue involved in this case is falls on a very narrow

compass: Originally, Survey No.207/14 of Koyambedu Village is of

a total at an extent of 12.90 acres, out of which the Government

has acquired 10.03. acres of land for the purpose associated with

Tamil Nadu Housing Board which is arrayed as the 1^st respondent.

2.The acquisition had happened sometime in the year 1960's.

The dispute is as regard to the balance area not covered by the

acquisition. The petitioner now wants to deal with the area not so

acquired, yet the registering authority, though registered the

sale deed, is refusing to release the same.

3.The typed set of papers contains the copy of Section 4(1)

Notification and Section 6 Declaration and the award passed under

the portion of the Land acquisition Act 1894. This Court had the

advantage of perusing the same and found that what is notified for

acquisition is only 10.03 acres in Survey No.207/14 and not more.

4.Mr.M.Baskar, learned standing counsel takes notice for 1^st

and 2^nd respondents. Mr. D.Raja learned Government Advocate takes

notice for 3^rd respondents and Mr.T.M.Pappiah, learned Special

Government Pleader, takes notice for 4^th and 5^th respondent.

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5.Post the matter under the same caption, on 03.03.2021.

6.Till this court pass further orders the concerned Sub

Tasildhar shall retain the various sale deeds that are involved in

this litigation and not to return the same to the parties.

-sd/-

08/02/2021