G. SRINIVASAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) These writ petitions all arise out of the land acquisition at Saravanampatty village, Coimbatore Taluk, Coimbatore District under Ganapathy phase-II developed by the Tamil Nadu Housing Board. W.P.No.7158 of 2012 has been filed by the original owner, R.Pannerselvam, who was earlier owning a large extent of land at Saravanampatty village and W.P.Nos.6204 & 6205 of 2012 have been filed by the subsequent purchasers of portions of land from R.Pannerselvam namely, G.Srinivasan and M/s.Nivasan Homes Pvt Ltd. All of them have challenged the proceedings of the first respondent all dated 19.10.2011 deleting the name of the respective petitioners from the revenue records in view of the acquisition of the subject lands which has attained finality by the order of the Hon'ble Supreme Court dated 26.11.2001 in SLP.Nos.19434 to 19436 of 2001.

(2.) Heard Mr.N.Sridhar, learned counsel for the petitioners, Mrs.K.Bhuvaneswari, learned Additional Government Pleader for the respondents 1 to 3, and Dr.R.Gowri, learned standing counsel for the fourth respondent.

(3.) The learned counsel for the petitioners submitted that insofar as the petitioners in W.P.Nos.6204 and 6205 of 2012 are concerned, they are subsequent purchasers from the petitioner in W.P.No.7158 of 2012. According to him, earlier the petitioner in W.P.No.7158 of 2012 has challenged the 4(1) notification issued by the Government under the repealed Land Acquisition Act , 1894 in W.P.No.4625 of 1994 which came to be dismissed on 03.11.2000 by a learned Single Judge of this Court. Aggrieved by the same, the petitioner in W.P.No.7158 of 2012 preferred a writ appeal W.A.No.1102 of 2001 which also came to be dismissed by a Division Bench of this Court on 02.07.2001. Aggrieved by the dismissal of W.A.No.1102 of 2001, SLPs were filed before the Hon'ble Supreme Court in SLP.Nos.19434 to 19436 of 2001 which also came to be dismissed on 26.11.2001. Thereafter, the petitioner in W.P.No.7158 of 2012 challenged the entire acquisition proceedings by filing another writ petition W.P.No.5210 of 2008 which came to be allowed on 12.06.2009 and the land acquisition proceedings were quashed. According to him, subsequent to the order dated 12.06.2009 passed by this Court in W.P.No.5210 of 2008, the petitioners in W.P.Nos.6204 and 6205 of 2012 purchased separate portions of property from the petitioner in W.P.No.7158 of 2012 who was the original owner of the large extent of the land. Further, he would submit that the Tamil Nadu Housing Board preferred a writ appeal W.A.No.1022 of 2016, aggrieved by the order dated 12.06.2009 passed in W.P.No.5210 of 2008 which came to be allowed in favour of the Tamil Nadu Housing Board by order of the Division Bench of this Court dated 11.12.2017.