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2025 DAILYLAW 67216 (MAD)

K.THANGAVEL v. THE SECRETARY HOUSING AND

WMP/24976/2024 · 2025-03-10

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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W.M.P.No.24976 of 2024 in W.P.No.44511 of 2006 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.03.2025 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.M.P.No.24976 of 2024 in W.P.No.44511 of 2006 A.Kuppusamy (Died) K.Thangavel .. Petitioners Vs. The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai & another. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to amend the prayer in the writ petition WP.No.44511 of 2006 as follows by substituting the following prayer in place of the original prayer and thus render justice. PRAYER TO BE SUBSTITUTED: For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to issue a Writ of Declaration, or any other appropriate 1/4 https://www.mhc.tn.gov.in/judis W.M.P.No.24976 of 2024 in W.P.No.44511 of 2006 Writ, Order or Direction particularly in the nature of Writ of Declaration, declaring that the land acquisition proceedings in respect of Survey No.102/2 measuring an extent of 1 acre and 96 cents at Ayyamperumalpatti, Salem being the subject matter of the Land Acquisition Proceedings pursuant to the Notification 4(1) of the Land Acquisition Act,1894 in G.O.Ms.No.755 Housing and Urban Development Department dated 04.09.1981 and the Declaration under section 6 of the said Act in G.0.Ms.No.18 Housing and Urban Development Department dated 04.01.1983, is having lapsed under section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. ORIGINAL PRAYER It is therefore prayed that this Hon'ble Court may be pleased to issue a WRIT OF MANDAMUS directing the Respondents to reconvey to the petitioner the land comprised in S.No.102/2, measuring an extent of 1 Acre and 96 cents Ayyamperumalpatti Village, Salem and thus render justice. For petitioner : Mrs.AL.Ganthimathi Senior Counsel for Mr.L.Palannimuthu 2/4 https://www.mhc.tn.gov.in/judis W.M.P.No.24976 of 2024 in W.P.No.44511 of 2006 O R D E R This petition is allowed. 10.03.2025 (4/6) krk NOTE: Registry is directed to carry out necessary amendment in the cause title in W.P.No.44511 of 2006 3/4 https://www.mhc.tn.gov.in/judis W.M.P.No.24976 of 2024 in W.P.No.44511 of 2006 N.ANAND VENKATESH, J. krk W.M.P.No.24976 of 2024 in W.P.No.44511 of 2006 10.03.2025 (4/6) 4/4 https://www.mhc.tn.gov.in/judis