V K ESWARAMOORTHY Vs. SPECIAL TAHSILDAR, LAND ACQUISITION; TAHSILDAR, COIMBATORE NORTH TALUK; EXECUTIVE ENGINEER, TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) The short facts of the case are as follows:-

(2.) The petitioner additionally added that the 2nd respondent passed an order in proceedings in M.T.R.No.739/98-99, dated 29.09.1998 and issued a patta in his name. The Patta pass book was also issued to him by the 2nd respondent / Taluk Tahsildar in 10.07.2000 in patta pass book No.091665. Thereafter, he had sold a portion of the land in Survey No.95/1 (part) to the extent of 10.30 acres to the third parties. On 21.04.2006, the 2nd respondent in proceedings Mu.Mu.9005/2006.A8, have issued a no objection certificate in respect of his land in Survey Nos.95/1, 101/1, 102/1, stating that the above lands are not subject to any land acquisition proceedings. He is paying kist regularly and in all the Revenue records his name is entered as the owner of the property. That being the 3rd respondent / Housing Board, had issued a notification in the press which was published in the "Dinamalar Daily" dated 26.11.2007 stating that the lands described in the above notification is involved in the Land Acquisition proceedings and the General Public are advised not to enter into any dealings with the above landed properties.

(3.) The petitioner additionally added that in the above notification his lands in Survey Nos.95/1, 96, 97, 98, 101/1, 102/1 and 102/3 of Veerakeralam Village, Coimbatore North, were also included. In the notification, the publishing authority's name is not found, hence he made a request to the Coimbatore Housing Board on 16.10.2008 under the Right to Information Act, requesting to furnish the details of publication of notification dated 26.11.2007. In reply dated 31.10.2008, the information relation Officer of the 3rd respondent admitted that the notification was issued from the office of the 3rd respondent / Tamil Nadu Housing Board and he also enclosed the covering letter in letter No.LA4/7700/05, dated 21.11.2007 of the 3rd respondent to the Sub Registrar. Hence the notification dated 26.11.2007 was issued by the 3rd respondent. Against the notification of the 3rd respondent dated 26.11.2007 he is filing this writ petition and challenging the same.