A N MUTHUSAMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE above appeal is against the order of the learned Judge dated 29. 10. 2008 passed in W. P. No. 456 of 2004, by which the learned Judge dismissed the writ petition filed by the petitioner challenging the impugned proceedings of the Tamil Nadu Housing Board dated 30. 10. 2003, by which the Tamil Nadu Housing Board has rejected the claim of the writ petitioner/appellant, for allotment of a plot in the land acquired from him on the basis that there was no Scheme to that effect, however, considering the request of the appellant, accepted to allot a flat of his choice anywhere in the Madras City for residential purpose.

(2.) IT is stated that 17 cents of land, which was purchased by the appellant on 21. 12. 1981 was acquired from his vendors under the provisions of the Land Acquisition Act by issuance of Section 4 (1) notification on 26. 03. 1975 and Section 6 declaration on 23. 03. 1978. It was after the Section 6 declaration but before the award came to be passed on 30. 03. 1983, the appellant purchased the property on 21. 12. 1981 from his vendors, against whom the land acquisition proceedings were initiated. It is also not in dispute that after the Section 6 declaration the appellant participated in the proceedings under Section 9-A of the Act and ultimately, an award was passed on 30. 03. 1983, in favour of the appellant, and he received the compensation in respect of the property. The appellant relies upon the earlier writ petition filed by him in W. P. No. 3743 of 1983 challenging the acquisition proceedings, wherein this Court, while dismissing the writ petition by order dated 31. 01. 1991, issued certain directions, as follows:

(3.) AFTER the dismissal of the said writ petition, the appellant had made representations, which were not considered, resulting in the appellant filing another writ petition, viz. , W. P. No. 17931 of 1991, which was disposed of by this Court by order dated 08. 01. 1992, with direction to the Tamil Nadu Housing Board to consider the claim of the petitioner in his representation dated 01. 10. 1991, which was made as per the direction given by this Court in the earlier writ petition.