T AMUTHAM ANTHONY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed the above writ petition, challenging the order of the Government made in G.O.Ms. No.1562, Housing and Urban Development Department, dated 24.12.1990 in making allotment to the fourth respondent pursuant to G.O.R. No.1390 Industries, Labour and Co-operation Department, dated 10.10.1961 published in the Tamil Nadu Gazette, Part II, Section 1, dated 1.11.1961 in publishing the notification under Sec.4(1) of the Land Acquisition Act and G.O.Ms. No.4839, Industries, Labour and Co-operation (Housing) Department, dated 13.10.1965 published in the Tamil Nadu Government Gazette, Part II, Section 1, dated 17.11.1965 in publishing the declaration under Sec.6 of the Land Acquisition Act issued by the first respondent herein and to quash all the Government orders referred above in so far as Survey No.207/13 Part, Thirumangalam Village and patta No.176 of West Madras Neighbourhood Scheme, Plot No.2155 measuring an extent of 18 cents and forbear the respondents 1 to 3 herein from in any manner acquiring the land owned by the petitioner and allotting third parties.

(2.) THE facts leading to the filing of the writ petition are as follows: According to the petitioner, the land covered in S.No.207/13 Part of Thirumangalam Village, Saidapet Taluk, covering an extent of 18 cents was originally belonged to the grandfather of the petitioner by name Mr.Vaithan. After the death of the grandfather of the petitioner, the properties devolved upon the father of the petitioner by name Thirumani. Patta was also issued in favour of said Thirumani in S.No.176. All the revenue records carries the name of the petitioner's grandfather and thereafter the name of the petitioner's father in respect of the above survey number. Adangal as well as other revenue records stood in the name of the petitioner's father. Encumbrance certificates issued for the period from 1960-71, 1971-82, 1982-96 and 1996-97 show that there was no encumbrance in respect of the said extent of land in S.No.207/13. According to the petitioner, he is in possession of the said land and during the year 1995, his possession was sought to be interfered with by one P.Arjunan and Murali and hence, the petitioner filed a suit in O.S. No.8859 of 1995 on the file of the fourth Assistant Judge, City Civil Court, Chennai for a bare injunction. THE Civil Court, in fact granted injunction by a judgment and decree dated 17.4.1996. THEreafter, the fourth respondent made an attempt to dispossess the petitioner from the land, which necessitated the petitioner to file a suit in O.S. No.188 of 1996 for permanent injunction. THE petitioner also filed W.P. No.4190 of 1997 for a direction to the respondents therein not to interfere with the peaceful possession of the petitioner over the property in question.

(3.) THE land acquisition proceedings were initiated in the year 1961 by publishing a notification under Sec.4(1) of the Act on 11.11.1961. Declaration under Sec.6 of the Act was made on 13.10.1965 and the award was passed on 25.2.1967 and the Government took possession of the land on 2.3.1967. THE Government issued G.O.Ms. No.1562, Housing and Urban Development Department, dated 24.12.1990 allotting the plot No.2155 at Anna Nagar in favour of the fourth respondent. THE Tamil Nadu Housing Board, pursuant to the said allotment made a provisional allotment order of the said plot in favour of the fourth respondent by order dated 21.3.1991. A regular allotment order was issued in favour of the fourth respondent on 3.5.1991 and the possession was handed over to the fourth respondent by the Executive Engineer of the Tamil Nadu Housing Board of Anna Nagar Division on 13.3.1992. THE sale deed was executed on 15.5.1996.