w w w . L a w y e r S e r v i c e s . i n



S.S. Sundaresan v/s State of Tamil Nadu, Rep by its Secretary to Government, Housing and Urban Development Department, Chennai & Others


Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = U74899DL1970GOI005276

Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = L74899DL1970GOI005276

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- E V P HOUSING CHENNAI PRIVATE LIMITED [Active] CIN = U45201TN2005PTC055469

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- N S T HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70109WB2001PTC093885

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- S K HOUSING DEVELOPMENT COMPANY PVT LTD [Amalgamated] CIN = U45201WB1990PTC048531

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- CHENNAI HOUSING LIMITED [Strike Off] CIN = U45201TN2010PLC076462

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- SS HOUSING PRIVATE LIMITED [Active] CIN = U45400AP2016PTC103072

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- AMP URBAN INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164960

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- U R HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036764

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- R & S HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102TN2009PTC071067

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    W.P.(MD)No. 5232 of 2012

    Decided On, 11 March 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

    For the Petitioner: D. Sadiq Raja, Advocate. For the Respondents: R1 & R3, M. Rajarajan, Government Advocate, R2, Mahaboob Athiff, Advocate.



Judgment Text


(Prayer: Petition filed under Article 226 of the Constitution of India, for issue of Writ of Declaration, declaring that the notification under Section 4(1) of the Land Acquisition Act issued in G.O.Ms.No.516 Housing and Urban Development dated 16.03.1979 published in the Tamil Nadu Government Gazette dated 04.04.1979 on the file of the First Respondent had lapsed and is null and void and consequently forbear the Respondents or their men or subordinates from interfering with the title of the Petitioner and possession and enjoyment of his land in S.No.10/1 of an extent of 22.5 cents and S.No. 12/3 of an extent of 93.5 cents in Madakulam Village, Madurai South Taluk, Madurai District except by due process of law by issuing a fresh notification under Section 4(1) of the Land Acquisition Act.)

Heard Mr. D.Sadiq Raja, Learned Counsel for the Petitioner, Mr. M.Rajarajan, Learned Government Advocate for the First and Third Respondent and Mr. Mahaboob Athiff, Learned Counsel for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2. The Writ Petition has been filed challenging the Notification under Section 4(1) of the Land Acquisition Act issued in G.O.Ms.No.516, Housing and Urban Development dated 16.03.1979, published in the Tamil Nadu Government Gazette, dated 04.04.1979, by the First Respondent and to declare that the same had lapsed and is null and void and consequently, to forbear the Respondents or their men or subordinates from interfering with the title of the Petitioner and possession and enjoyment of his land in S.No. 10/1 to an extent of 22.5 cents and S.No.12/3 to an extent of 93.5 cents in Madakulam Village, Madurai South Taluk, Madurai District except by due process of law by issuing a fresh Notification under Section 4(1) of the Land Acquisition Act.

3. Learned Counsel for the Petitioner contented that by an order dated 29.08.2007 in W.P. No. 11436 of 2005, this Court in respect of a similarly placed person, whose land had been acquired in a connected proceeding in G.O. Ms. No. 517 Housing and Urban Development dated 04.04.1979 has declared the notification issued under Section 4(1) of the Land Acquisition Act, 1894, would have lapsed insofar as the land owned by that Petitioner was concerned. The aforesaid conclusion was arrived on the basis that in an earlier order dated 07.04.1983 in W.P. (MD) No.1735 of 1983, this Court had quashed the declaration under Section 6 of the Land Acquisition Act, 1894, relating to the same land acquisition proceedings, but no steps had been taken for 24 years thereafter despite clarification that it would not preclude the authorities from issuing any fresh notification. It is brought to notice that the same benefit had been extended to other similarly placed land owners by order dated 30.07.2009 in W.P. (MD) Nos. 12210 and 12227 of 2008 and by order dated 05.02.2020 in W.P. (MD) No. 539 of 2010.

4. Per contra, Learned Standing Counsel appearing for the Second Respondent refers to a subsequent decision of the Hon'ble Supreme Court of India in Tamil Nadu Housing Board -vs- M. Meiyappan [(2010) 14 SCC 309] holding that the High Court ought not to have entertained such Writ Petitions challenging the same land acquisition proceedings and should have dismissed the same at the threshold on delay and laches notwithstanding the relief having been granted to similarly placed persons in the earlier Writ Petitions filed by them. It has also been highlighted in that ruling that in land acquisition proceedings, the Court should be loathe to encourage slate litigation as the same might hinder projects of public importance as the same not only involve enormous loss of public money but also causes undue delay in carrying out projects meant for general public good. It is asserted that the Respondents have take over possession of the land from the erstwhile land owners and have handed over to the Tamil Nadu Housing Board for using them for the purpose of the scheme by allotting to other beneficiaries and as such, the Petitioner cannot claim that the same benefit should be extended to him notwithstanding the delay and laches.

5. Having regard to the aforesaid rival submissions made, it is apparent that the various orders passed by this Court relied on by the Learned Counsel for the Petitioner, quashing the proceedings under Section 4(1) of the Land Acquisition Act in respect of the same land acquisition proceedings have been denuded of their status as binding precedent in view of that authoritative pronouncement of the Hon'ble Supreme Court of India in Tamil Nadu Housing Board -vs- M. Meiyappan [(2010) 14 SCC 309]. On a perusal of the affidavit filed by the Petitioner in support of the Writ Petition, it is found that there is no whisper, much less satisfactory explanation, for the inordi

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nate delay and laches on the part of the Petitioner in challenging the acquisition proceedings. It is also noticed that the relief granted to the Petitioners in the earlier Writ Petition were in the nature of in personem and the same could not be extended to other similarly placed persons when they have approached the Court belatedly. 6. In view of the foregoing discussion, it is not possible to grant the relief sought by the Petitioner in the Writ Petition. 7. Accordingly, this Writ Petition is dismissed. No Costs.
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