M ELUMALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent, the State of Tamil Nadu relating to the impugned G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 and quash the same as illegal and ultra vires and further direct the second respondent to register the document of sale deed relating the lands comprised in S.No.1395-D, bearing Plot No.41, situated at Sri Swaminathan Nagar Layout New No.52, Thaiyur Village, Thiruporur Panchayat, Kancheepuram District by way of house sites, or by way of agricultural lands measuring an extnt of 7200 sq.ft. without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 in favour of third parties or to their nominee or nominees. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent, the State of Tamil Nadu relating to the impugned G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 and quash the same as illegal and ultra vires and further direct the second respondent to register the document of sale deed relating the lands comprised in S.No.709/11, admeasuring 22 cents situated at No.46, Thaiyur Village, Kancheepuram District, by way of house sites, or by way of agricultural lands measuring an extent of 7200 sq.ft. without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 in favour of third parties or to their nominee or nominees. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent, the State of Tamil Nadu relating to the impugned G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 and quash the same as illegal and ultra vires and further direct the second respondent to register the document of sale deed relating to the lands situated at No.46, Thaiyur Village, Kancheepuram District, comprised in Survey No.513/2, admeasuring 1 Acre 71 cents, Srvey No.514/8, admeasuring 24 cents, Survey No.514/1, admeasuring 15 cents, Survey No.514/9 admeasuring 8 cents; Suvey No.514/3, admeasuring 12 cents and 514/6, admeasuring 32 cents in altogether the total extent of the agricultural lands in the above S.Nos. Admeasures i.e., 2 acres 44 cents by way of house sites, or by way of agricultural lands without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 in favour of third parties or to their nominee or nominees. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 on the file of the first respondent Government of Tamil Nadu and quash the same as illegal and ultra vires and further direct the second respondent to register the aforesaid sale deeds relating to the said lands measuring 12.35 cents in Survey No.233/1A, 24.70 cents in Survey No.233/5A, 6.17 cents in Survey No.233/9B situated in No.45, Thiruvidandhai village, Chengalpattu Taluk, Kancheepuram District without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 on the file of the first respondent Government of Tamil Nadu and quash the same as illegal and ultra vires and further direct the second respondent to register the aforesaid sale deeds relating to the said lands measuring 48.16 cents in S.No.232/18A, 22.23 cents in S.No.234/19, 22.23 cents in S.No.236/1A abd 7.41 cents in S.No.236/1D situated in No.45, Thiruvidandhai village, Chengalpattu Taluk, Kancheepuram District without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 on the file of the first respondent Government of Tamil Nadu and quash the same as illegal and ultra vires and further direct the second respondent to register the aforesaid sale deeds relating to the said lands measuring 54.34 cents in S.No.233/5B, 6.17 cent sin S.No.233/9A, 7.41 cents in S.No.233/9C situated in No.45, Thiruvidandhai village, Chengalpattu Taluk, Kancheepuram District without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 on the file of the first respondent Government of Tamil Nadu and quash the same as illegal and ultra vires and further direct the second respondent to register the aforesaid sale deeds relating to the said lands measuring 33.34 cents in S.No.232/18B, 22.23 cents in S.No.232/19, 30.87 cents in S.No.233/4 and 80.27 cents in S.No.233/68 situated in No.45, Thiruvidandhai village, Chengalpattu Taluk, Kancheepuram District without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 on the file of the first respondent Government of Tamil Nadu and quash the same as illegal and ultra vires and further direct the second respondent to register the aforesaid sale deeds relating to the said lands measuring 1.01.27 acres om S.No.234/4, 14.82 cents in S.No.228/98, 7.41 cents in S.No.228/118, 27.17 cents in S.No.228/4, 7.41 cents in S.No.228/12, 17.29 cents in S.No.235/1A situated in No.45, Thiruvidandhai village, Chengalpattu Taluk, Kancheepuram District without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records relating to the G.O.Ms.No.241 (Housing and Urban Development (UD-III-1) Department) dated 19.09.2003 of the first respondent herein and quash the same in so far as Clause I, II and III of Para 3 of the said G.O. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records relating to the G.O.Ms.No.241 (Housing and Urban Development (UD-III-1) Department) dated 19.09.2003 of the first respondent herein and quash the same in so far as Clause I, II and III of Para 3 of the said G.O. 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 G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 and quash the same in so far as Clause Nos.I, II and III of paragraph 3 of the said G.O., in respect of petitioners 3/4th undivided share in agricultural lands situate at Thaiyur Village, Chengalpattu Taluk, Kancheepuram District, comprised in Survey Nos.1351/1'0'1, Patta No.605, measuring an extent of 44.5 hectares. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records relating to G.O.Ms.No.241, dated 19.09.2003 on the file of the Housing and Urban Development (UD-III-1) Department, the first respondent herein and to quash the Sub-Paragraph (ii) and (iii) of Para-3 of the said G.O. in so far as the petitioner is concerned and to quash the same.) Common Order Heard the learned counsels appearing on behalf of the petitioners, as well as the learned counsels appearing on behalf of the respondents.

(2.) AT this stage of the hearing of the writ petitions, the learned counsels appearing on behalf of the petitioners had submitted that a number of orders have been passed by this Court, earlier, in W.P.No.23316 of 2004 etc., (batch) and W.P.Nos.14894 and 1919 of 2005, quashing G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department, dated 19.09.2003. It has also been submitted that the said orders had become final.