IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.08.2010 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NOs.16417 of 1998, 10316, 14599, 14600, 15253, 16514 to 16521, 17432, 17891, 18441, 18495, 19436 to 19440, 20126, 20592 of 1999, 1975, 1976, 2221 to 2224, 5537, 5615 to 5622, 6099, 7778 and 10933 of 2000, 11965 of 2001, 13616 of 2003, 5110 of 2004, 18573, 39237, 28901 of 2005, 6711, 25460 and 39612 of 2006, 28427 of 2007, 7091 and 7092 of 2008 and 1607 to 1610 of 2009 and W.M.P.NOs.28504, 28506, 28508, 28510, 28512, 29536 and 29535 of 1999, WPMP Nos.20122, 42033 and 31592 of 2005, M.P.Nos.1 of 2006, 1,1,2 and 2 of 2008, 1,1,1,1,2,2,2,2,3,3 and 3 of 2009 1.Kovai Medical Centre Research & Educational Trust, rep. By its Trustee, Dr. Nalla G.Palanisamy Avanashi Road, Coimbatore-641 014. 2.N.Senkottaian 3.Shanmugham 4.Maruthachalam 5.Manthira Gounder 6.M.Kandasamy .. Petitioners in W.P.No.16417 of 1998 1.J.Sivakumaran 2.Smt.Chitra Sivakumaran .. Petitioner in W.P.No.10316 of 1999 P.V.Govindarajan .. Petitioner in W.P.No.14599 of 1999 Mrs.G.Velumani .. Petitioner in W.P.No.14600 of 1999 M.Rasa Gounder .. Petitioner in W.P.No.15253 of 1999 Selvaraj .. Petitioner in W.P.No.16514 of 1999 R.Ranganayaki .. Petitioner in W.P.No.16515 of 1999 T.Vijayaragavan .. Petitioner in W.P.No.16516 of 1999 K.Sundarapandian .. Petitioner in W.P.No.16517 of 1999 T.Sivabalakrishnan .. Petitioner in W.P.No.16518 of 1999 S.Madan Kumar .. Petitioner in W.P.No.16519 of 1999 Lakshmi .. Petitioner in W.P.No.16520 of 1999 K.S.Palanisami .. Petitioner in W.P.No.16521 of 1999 1.G.Sadasivam 2.N.Durairaj 3.Mary Sulochana .. Petitioners in W.P.No.17432 of 1999 1.S.Sundaram 2.C.Manivelan .. Petitioners in W.P.No.17891 of 1999 1.V.Dhandapani 2.V.Deivasigamani https://hcservices.ecourts.gov.in/hcservices/ 3.V.Somu 4.V.Paramasivam 5.G.Jothimani .. Petitioners in W.P.No.18441 of 1999 1.G.D.Gnanadurai 2.Chenniappan 3.Mrs.Mumthaj Afir 4.Ayyasamy 5.N.Veerasamy 6.Mrs.Mariammal 7.P.Ramesh Kumar 8.P.R.Rathish Kumar 9.P.V.Viswanathan .. Petitioners in W.P.No.18495 of 1999 R.Murugesan rep. By power of attorney Mr.C.Selvaraj .. Petitioner in W.P.No.19436 of 1999 A.Palanichamy rep. By power of attorney Mr.C.Selvaraj .. Petitioner in W.P.No.19437 of 1999 R.Pattilingam .. Petitioner in W.P.No.19438 of 1999 K.Somasundaram rep. By power of attorney Mr.C.Selvaraj .. Petitioner in W.P.No.19439 of 1999 Mr.K.Manickam rep. By power of attorney Mr.C.Selvaraj .. Petitioner in W.P.No.19440 of 1999 1.Lakshmi Cooperative Building Society Ltd. Rep. By its Secretary, G.Ramadurai 5/1, G.K.D.Nagar, Pappanacikenpalayam Post, Coimbatore Taluk, Coimbatore District. 2.P.Venkata Hariprasad 3.A.Basheer 4.K.Ranganathan 5.D.F.Premkumar 6.A.Govindarajan 7.P.Muthusamy 8.S.Karthikeyan 9.V.Subathran 10.A.R.Ramasamy 11.P.Raveendran 12.G.Venugopal 13.S.Savithri 14.S.Rangasamy 15.P.Balasundararajan 16.C.V.Chinnasamy https://hcservices.ecourts.gov.in/hcservices/ 17.P.Kumar 18.V.Sundararaj 19.S.Sampoorani 20.C.K.Varadarajan 21.S.Ponnusubramanian 22.G.Thilagavathi 23.T.Muthusamy 24.R.Rathinasamy 25.P.T.Rajagopalan 26.P.Devaraj 27.P.Venkateswaran 28.O.S.Lakshmi Narayanan 29.S.Srinivasan 30.G.Janarthanam 31.S.Ranganathan 32.K.Chandrasekar 33.P.Rajkumar 34.R.Sundar 35.S.Ramesh 36.D.Venkatapathy 37.T.Sundaram 38.V.Sampathkumar 39.K.Rajendran 40.L.Rajagopal 41.P.Paramasivam 42.Saravana Sridhar 43.V.Sanjeevkumar 44.R.Kannan 45.V.C.Santhakumar 46.P.Thiraviam 47.C.R.Padmanabhan 48.P.R.Devaraj 49.R.Ayyasamy 50.P.Vanithamani 51.R.P.Devarajan 52.K.Kabilan 53.V.Krishnamoorthy 54.V.Senthilkumar 55.K.Kandiappan 56.V.Vijayakumar 57.N.Ravi 58.G.Jayaram 59.H.Radha krishnan 60.A.Rajan 61.R.Dakshinamurthy 62.K.Senthilkumar 63.P.Parthasarathy 64.V.Velusamy 65.R.Ramesh 66.L.K.Ramalingam 67.S.R.Ponnusamy 68.S.Prabakaran 69.F.Tharsius 70.K.V.Raman https://hcservices.ecourts.gov.in/hcservices/ 71.D.Sundararaju 72.K.Babu Ragupathy 73.D.Mohanasundaram 74.L.Andal 75.K.T.Dhileeban 76.A.Muthukaruppan 77.K.Murugavel 78.R.M.Sankaravadivel 79.K.Palanisamy 80.S.Prabakaran 81.V.Chellappan 82.S.Vivekanandan 83.S.Nagaraj 84.D.Balasundaram 85.R.Padmanabhan 86.C.M.Chandrasekar 87.K.Meenakshisundaram 88.R.Srinivasan 89.S.Sugantha 90.K.Subramanian 91.C.Ravichandran .. Petitioners in W.P.No.20126 of 1999 Mrs.V.Radha .. Petitioner in W.P.No.20592 of 1999 1.Dr.S.S.Ramasamy (deceased) 2.P.Govindasamy 3.P.Palanisamy 4.P.Kumarasamy 5.N.Satheesh 6.V.K.Senthil 7.V.K.Kumar 8.P.Poongodi 9.V.Sivakumar 10.S.Vasantha 11.R.Balamani 12.R.Gopalakrishnan (Petitioners 11 and 12 substituted as LR of deceased first petitioner vide .. Petitioners in order dt.28.7.2010 in WPMP.456 of 2010) W.P.No.7778 of 2000 L.Raghavan .. Petitioner in W.P.No.1975 of 2000 L.Kannan .. Petitioner in w.P.No.1976 of 2000 S.Rajamani .. Petitioner in W.P.Nos.2221 & 2224/2000 S.Jeyalakshmi .. Petitioner in W.P.No.2222 of 2000 R.Ramasamy .. Petitioner in W.P.No.2223 of 2000 Ramathal .. Petitioner in W.P.No.5537 of 2000 J.Sivakumaran .. Petitioner in W.P.No.5615 of 2000 Velusamy .. Petitioner in W.P.No.5616 of 2000 S.Karthikeyan .. Petitioner in W.P.No.5617 of 2000 M.Kanagaraj .. Petitioner in W.P.No.5618 of 2000 Periasamy .. Petitioner in W.P.No.5619 of 2000 M.R.Periasamy .. Petitioner in W.P.No.5620 of 2000 Tamil Selvan .. Petitioner in W.P.No.5621 of 2000 Gunabalan .. Petitioner in W.P.No.5622 of 2000 https://hcservices.ecourts.gov.in/hcservices/ 1.Panneerselvam 2.Mrs.John Joseph .. Petitioners in W.P.No.6099 of 2000 Usha @ Ushadevi .. Petitioner in W.P.No.10933 of 2000 1.S.Uvanathan 2.Vivekanandan .. Petitioners in W.P.No.11965 of 2001 C.Narayanasamy .. Petitioner in W.P.No.13616 of 2003 R.Subramanian .. Petitioner in W.P.No.5110 of 2004 R.Chinnasamy .. Petitioner in W.P.No.18573 of 2005 1.Umapathy 2.Arunachalam 3.Ramaswamy Gounder .. Petitioners in W.P.No.28901 of 2005 1.Maragatham 2.Tamilselvi 3.M.Nagarajan 4.Sundari .. Petitioners in W.P.No.39237 of 2005 K.Balakrishnan .. Petitioner in W.P.No.6711 of 2006 1.N.Saraswathi 2.K.N.Thiruvenkitaswamy 3.T.Venkitapathi .. Petitioners in W.P.No.25460 of 2006 R.Kandasamy .. Petitioner in W.P.No.39612 of 2006 Ramasamy Naidu .. Petitioner in W.P.No.28427 of 2007 B.Raghupathy .. Petitioner in W.P.No.7091 of 2008 Dr.A.Raghuram .. Petitioner in w.P.No.7092 of 2008 Uma Maheswari Ramasamy .. Petitioner in W.P.No.1607 of 2009 R.Mayilathal .. Petitioner in W.P.No.1608 of 2009 R.Palaniammal .. Petitioner in W.P.No.1609 of 2009 S.Sarojini .. Petitioner in W.P.No.1610 of 2009 Vs. 1.The State of Tamilnadu, rep. By its Secretary to Government, Housing & Urban Development Dept., Fort St. George, Chennai-600 009. 2.The Special Tahsildar, Land Acquisition, Housing Scheme-II, Coimbatore. .. 1st and 2nd respondents in W.P.Nos.16417 of 1998,10316,15253, 16514 to 16521, 17432, 17891, 18441, 18495, 19436 to 19440, 20592 of 1999, 1975, 1976, 2221,2222, 2223, 2224, 5537, 5615 to 5622, 6099, 7778 and 10933 of 2000, 11965/2001, 3616/2003, 28901/2005, 25460 of 2006, 7091 and 7092 of 2008, 20126 of 1999 https://hcservices.ecourts.gov.in/hcservices/ 3.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai-600 035. (R3 impleaded vide order dated 19.12.2008 in WPMP Nos.1862,1865 to1873, 1874, 1875 to 1879, 1880 to 1887, 1889, 1888 of 2008) .. 3rd Respondent in W.P.Nos.10316,15253, 16514 to 16521,17891,19436 to 19440 of 1999, 20126/99, 5615 to 5622, 6099 and 7778 of 2000, 1975/2000, 1976/2000 1.Government of Tamil Nadu represented by its Secretary Housing and Urban Development Department, Secretariat, Chennai-600 009. 2.The District Collector, Coimbatore-640 018. 3.The Special Tahsildar, Collectorate (Land Acquisition Compound) Coimbatore-641 018. 4.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai-600 035. (R4 impleaded vide order dt.19.12.2008 in WPMPs 1863 and 1864 of 2008) .. Respondents in WP.Nos.14599 and 14600 of 1999 1.The State of Tamilnadu, represented by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009. 2.The Special Tahsildar (L.A.) Housing scheme Unit I, Coimbatore-18. .. 1st and 2nd Respondents in W.P.No.18441 of 1999 3.The Chairman, Tamil Nadu Housing Board, Chennai-600 035. .. 3rd respondent in W.P.Nos.18441 of 1999 & 1975 and 1976 of 2000 1.The State of Tamil Nadu represented by its Secretary, Housing and Urban Development Fort St. George, Chennai-9. 2.The Tamil Nadu Housing Board, represented by its Managing Director, No.331, Anna Salai, Nandanam, Chennai-35. https://hcservices.ecourts.gov.in/hcservices/ 3.The Special Tahsildar (Land Acquisition), Housing Scheme Unit-II Coimbatore-641 018. .. Respondents in W.P.No.39237 of 2005 1.The State of Tamil Nadu represented by its Secretary to Government, Housing and Urban Development, Secretariat, Fort St. George, Chennai-9. 2.The Land Acquisition Officer and Special Tahsildar (LA), Housing Scheme Unit- I/II Coimbatore-641 012. .. Respondents in W.P.No.28427 of 2007 1.The State of Tamil Nadu, rep. By its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009. 2.The Tamil Nadu Housing Board, represented by its Chairman/Managing Director No.331, Anna Salai, Nandanam, Chennai-600 035. 3.The Chairman, High level Committee, Tamil Nadu Housing Board, Nandanam, Chennai-600 035. 4.The Special Tahsildar (Land Acquistion) Housing Scheme Unit-II, Coimbatore-18. 5.Mr.Rashid S.Hataria & D.S.Hataria rep. By power agent Mr.N.A.Murugesan .. Respondents 1 to 5 in W.P.Nos.1607 to 1610 of 2009 6.C.M.Dhanabal 7.V.K.Ranganathan 8.N.Ravi .. Respondents 6,7 and 8 in W.P.No.1607 of 2009 Maruthathal (R3 impleaded vide order dt.19.12.08 in WPMP.501/2008) 3rd respondent in W.P.No.5537 of 2000 1.State of Tamilnadu, rep. By Secretary, Housing and Urban Development Department, Fort St. George, Madras-600 009. 2.The Tamilnadu Housing Board, rep. By its Chairman, Nandanam, Chennai-600 035. https://hcservices.ecourts.gov.in/hcservices/ 3.The Special Tahsildar, (Land Acquisition) Housing Scheme-II, Coimbatore-541 038. 4.The Sub Registrar, Gandhipuram Coimbatore-641 012. .. Respondents in W.P.Nos.5110 of 2004 and 39612 of 2006 1.The District Registrar, Coimbatore District,Coimbatore. 2.The Sub Registrar, Gandhipuram, Coimbatore Dist. Respondents in W.P.No.18573/ 2005 1.The State of Tamil Nadu, rep. By its Secretary to Government, Housing and Urban Development Dept., Fort St. George, Chenani-9. 2.The Managing Director, Tamil Nadu Housing Board, Anna Salai, Nandanam, Chennai. 3.The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Tatabad, Coimbatore. 4.The Special Tahsildar, (Land Acquisition), Housing Scheme Unit-I & II, Tatabad, Coimbatore-641 012. Respondents in W.P.No.6711 of 2006 Tamilnadu Housing Board, rep. By its Chairman & Managing Director, Nandanam, Chennai-600 035. 3rd respondent in w.P.no.20126/ 1999 W.P.No.16417 of 1998 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the impugned notifications issued under Section 4(1) of the Act vide G.O.Ms.481 Housing & Urban Development Department dated 27.4.1995 as published in Tamilnadu Government Gazette Part II Section 2 (Supplement) dated 24.5.1995 and the declaration issued under Section 6 of the Land Acquisition Act vide G.O.Ms.302 Housing & Urban Development Department, dated 12.7.1996 as published in Part II Sec.2 of the Tamilnadu Government Gazette dated 3.7.1996 in respect of the petitioners' land in SF No.292/1B1, 293/1 and 294/1 in Kalapatti Village, Coimbatore North Taluk, Coimbatore District and to quash the same. https://hcservices.ecourts.gov.in/hcservices/ W.P.No.10316 of 1999, 5537, 5615 to 5622, 6099 of 2000 have been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the first respondent in connection with the notification issued under Section 4(1) of the LA Act vide G.O.Ms.384 Housing & Urban Development Department dated 06.09.1996 and published in Tamilnadu Government Gazette Part II Section 2 (Supplement) dated 23.10.1996 and the declaration issued under Section 6 of the Land Acquisition Act vide G.O.Ms.397 Housing & Urban Development Department, dated 10.11.1997 and published in the Tamilnadu Gazette Extroordinary Part II Section 2 dated 11.11.97 in respect of the petitioner's land in SF Nos.339/1, 331/1C measuring 0.82.0 hectares, 324/2 (part of site falls within 339/1), 339/2, 339/1, 339/1, 339/2, 339/2, 339/1, 339/2, 339/2 in Kalapatti Village, Coimbatore North Taluk, Coimbatore District and to quash the same. W.P.No.15253 of 1999 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the first respondent in connection with the notification issued under Section 4(1) of the LA Act vide G.O.Ms.218 Housing & Urban Development Department dated 28.2.1994 and published in Tamilnadu Government Gazette Part II Section 2 (Supplement) dated 27.4.1994 and the declaration issued under Section 6 of the Land Acquisition Act vide G.O.Ms.528 Housing & Urban Development Department, dated 30.5.1995 and published in the Tamilnadu Gazette Extroordinary Part II Section 2 dated 1.6.1995 in respect of the petitioner's land in SF No.297/3 in Kalapatti Village, Coimbatore North Taluk, Coimbatore District and to quash the same. W.P.Nos.16514 to 16521 of 1999, 2221, 2222 of 2000 have been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the first respondent in connection with the notification issued under Section 4(1) of the Act vide G.O.Ms.343 Housing & Urban Development Department dated 6.8.1996 and published in Tamilnadu Government Gazette Part II Section 2 (Supplement) dated 4.9.1996 and the declaration issued under Section 6 of the Land Acquisition Act vide G.O.Ms.339 Housing & Urban Development Department, dated 8.10.1997 and published in the Tamilnadu Gazette Extroordinary Part II Section 2 dated 8.10.1997 in respect of the petitioner's land in SF Nos.376, 374 and 375, 371, 372, Kalapatti Village, Coimbatore North Taluk, Coimbatore District and to quash the same. W.P.Nos.18441 of 1999, 2223, 2224 7778, of 2000 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the respondents relating to Section 4(1) notification in G.O.Ms.385 Housing & Urban Development Department dated 6.9.1996 and published at page 2 of Part II Section 2 in the Tamilnadu Government Gazette Issue No.40A, dated 23.10.1996 and Section 6 declaration in G.O.Ms.No.390, Housing & Urban Development Department, dated 4.11.1997 and published at page 2 Part II Section 2 of the Extroordinary issue of Tamil Nadu Government Gazette issue No.557, https://hcservices.ecourts.gov.in/hcservices/ dated 5.11.1997 both on the file of the first respondent and the award in Award No.3/99 (ref.No.331/89A) dated 5.11.99 on the file of the second respondent (only in W.P.No.7778 of 2000) and to quash them insofar as they relate to the lands of petitioners in S.Nos.368, 369, 370, 366(part) of Kalapatti village, Coimbatore North Taluk, Coimbatore District. W.P.Nos.14599 and 14600, 17432, 17891, 18495, 20592 of 1999, 1975 and 1976 of 2000, 11965 of 2001 have been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the respondents relating to under Section 4(1) notification in G.O.Ms.381 Housing & Urban Development Department (AA3) dated 3.9.1996 and published in the Tamilnadu Government Gazette Issue No.40 A1, Part II Section 2 (Supplement) page-1 dated 23.10.96 and also Section 6 declaration in G.O.Ms.No.389, Housing & Urban Development Department (LA-III- 2), dated 4.11.1997 and published in the Tamil Nadu Government Gazette issue No.557, Part II section 2 page 1 dated 5.11.1997 and quash the same insofar as it relates to petitioners land comprised in Plot Nos.86,87,88,91,96 and 97 in Sakti Nagar layout in S.F.No.321, Plot Nos.49,63, 64, 65 and 68 in Sakti Nagar Layout in S.F.no.321, site Nos.138, 143 and 144 within the lay out of Sri Balaji Nagar SF No.318 (W.P.No.17432/1999), an extent of 1169 sq.ft. or less with the building bearing door No.42 Sri Balaji Nagar (Lay out) situated in SF No.318 (W.P.No.17891/1999), S.F.No.318 measuring 39-938 cents, S.F.No.318 measuring 4.058 cents/1800 sq.ft., Plot No.122, Balaji Nagar Layout in S.F.No.318, Plot No.123, Balaji Nagar Layout in S.F.No.318, S.F.318 measuring 8-516 cents (4000 Sq.ft.) in Kalapatti village, Coimbatore North Taluk, Coimbatore District. W.P.No.39237 of 2005 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records relating to the proceedings of the first respondent in letter No.37215/LA III- 2/2001-13 dated 24.8.2004, quash the same and to direct the first respondent to reconvey the lands to the petitioners an extent of 0.36.0 hectares in S.F.No.839/2B and an extent of 0.38.0 hectares in S.F.No.839/2D situated in Kalapatti village, Coimbatore North Taluk, Coimbatore District. W.P.No.28427 of 2007 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records of the second respondent comprised in its notice dated 3.8.2007 under Ref.No.917/90 in Award No.10/94 and to quash the same and consequently issue a mandamus forbearing the respondents, their officers, employees, subordinates or any person claiming or acting under them from in any manner interfering with the petitioner's peaceful possession and enjoyment of his land admeasuring 1.29.0 hectares comprised in S.F.No.954/2 situated in Kalapatti village, Coimbatore North Taluk, Coimbatore District otherwise than by due process of law. https://hcservices.ecourts.gov.in/hcservices/ W.P.Nos.7091 and 7092 of 2008 have been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records relating to proceedings of the first respondent in G.O.Ms.No.694, Housing and Urban Development Department, dated 21.10.1994 and proceedings in G.O.Ms.No.981 Housing and Urban Development Department, dated 27.11.1995 and to quash the same insofar as the petitioners' lands are concerned. W.P.Nos.1607 to 1610 of 2009 have been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records relating to the order passed by the first respondent in his proceeding No.27701/L.A.3(2)/07-7 dated 02.01.2008 and to quash the same and consequently, to direct the first respondent to refer the petitioner's representation for reconsideration and recommendations of the High Level Committee headed by the Hon'ble Retired High Court Judge of the third respondent dated 12.12.2008 herein for the purpose of reconveying the petitioner's land in S.F.No.349 to an extent of 0.63.3/4 acre , 0.99.67 acre, 0.99.67 acre, 0.99.67 acre respectively situated in Kalapatti village, Coimbatore District. W.P.No.13616 of 2003 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the respondents in notification under Section 4(1) in G.O.Ms.No.1216, Housing and Urban Development Department, dated 17.9.1991 published in Part II and Section 2 of the Tamil Nadu Government Gazette dated 9.10.1991 and proceedings No.Na.Ka.777/90 dated 20.3.2003 and consequential declaration under Section 6(1) in G.O.Ms.No.64 V.Va.Ma.Na.Va dated 11.4.2003 published on 12.4.2003 and to quash the same as violative of second proviso to sub section 1 of Section 6 of the Act. W.P.Nos.19436 to 19440 of 1999, 10933 of 2000 have been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the first respondent in connection with notification issued under Section 4 (1) of the Act vide G.O.Ms.No.501, Housing & Urban Development Department, dated 25.11.1996 and published in the Tamilnadu Government Gazette Part II – Section 2 (Supplement) dated 18.12.1996 and declaration issued under Section 6 of the Land Acquisition Act vide G.O.Ms.No.441 (Housing and Urban Development Department) dated 23.12.1997 and published in the Tamilnadu Government Gazette Extraordinary Part II Section 2 dated 24.12.1997 in respect of petitioner's land in SF Nos.363/3, 362/2, 363/2, 364, 364/1, 363/3 and 363/1, 362/1 & 363/1 Kalapatti village, Coimbatore North Taluk, Coimbatore District and to quash the same. W.P.No.5110 of 2004 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of declaration declaring that the proceedings initiated by the first respondent in G.O.Ms.No.892 (Housing and Urban Development), dated 30.5.1991, published in Tamilnadu Government Gazette dated 26.6.1991 as null and void and ultravires under the provisions of https://hcservices.ecourts.gov.in/hcservices/ the Land Acquisition Act, 1894 stands lapsed and that the respondents cannot interfere with the rights of petitioner to enjoy the lands comprised in Survey Nos.936/1 and 2 and 937/2-B situated in Kapalatti village, Coimbatore District pursuant to the said G.O.Ms.No.892. W.P.No.18573 of 2005 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus directing the respondents to register the sale deed submitted by the petitioner in respect of land in SF No.948/1, 943/3, Kalapatty village, Coimbatore North Taluk, Coimbatore District as per the provisions of the Registration Act. W.P.No.28901 of 2005 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the entire records in connection with the impugned letter of the first respondent in letter No.4577/LA III-2/2005-3 dated 3.5.2005 and to quash the same and consequently, forbear the respondents from taking possession of the petitioners' land in Survey Nos.841/1, 841/2 to a total extent of 2.68 acres in Kalapatti Village, Coimbatore District. W.P.No.6711 of 2006 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the first respondent to consider the petitioner's representation dated 4.1.2006 and received by him on 7.1.2006. W.P.No.25460 of 2006 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the first respondent in connection with notification issued under Section 4(1) of the Land Acquisition Act vide G.O.Ms.190 Housing and Urban Development Department dated 25.2.1994 and published in the Tamil Nadu Government Gazette part II Section 2 Supplement dated 15.6.1994 and the notification issued under Section 6 of the Act vide G.O.Ms.No.638 Housing and Urban Development dated 18.7.1995 and published in the Tamilnadu Government gazette Part II Sec.2 dated 19.7.1995 in respect of petitioner's land measuring an extent of 0.50 acres in S.Nos.296/5 B in Kalapatti village, Coimbatore north Taluk, Coimbatore and to quash the same. W.P.No.39612 of 2006 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the entire records in pursuant to the proceedings relating to the memo no.1277/2006 dated 15.9.2006 on the file of the fourth respondent and to quash the same and to direct the fourth respondent to register the sale deed in respect of petitioner's land in S.F.Nos.936/1 and 936/2 Kapalatti village, Coimbatore District. W.P.No.20126 of 1999 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the first respondent relating to the impugned notification issued under Section 4(1) of the Land https://hcservices.ecourts.gov.in/hcservices/ Acquisition Act vide G.O.Ms.No.53, Housing & Urban Development Department, dated 13.3.1998 as published in the Tamilnadu Government Gazette Part II Section 2 Supplement and declaration issued under Section 6 of the Land Acquisition Act vide G.O.Ms.No.195 Housing and Urban Development Department, dated 10.5.1999 as published in the Tamilnadu Government Gazette Extraordinary part II Section 2, quash the same insofar as it relates to the petitioners' land in SF Nos.342 & 343/2 in Kalapatti Village, Coimbatore Taluk. For Petitioners : Mr.C.Selvaraju Senior Counsel for Mr.C.Vediappan in WP.16417/98 Mr..T.R.Rajaraman in 17891, 17432, 16514 to 16521, 10316/99, 19436 to 19440, 20126/99, 5537/2000, 5615 to 5622/2000, 6099/2000, 10933/2000. Mr.P.K.Rajagopal in WP.14599 & 14600/99 M/s.Sarvabhauman Associates WP.1975 & 1976/2000 Mr.Kandan Doraisamy M/s.Chandrasekar and Associates in WP.1607 to 1610/09 Mr.N.Istiaq Ahmed in WP.18441/99 Mr.N.Manokaran in WP.18495/99, 20592/99, 11965/01 Mr.N.Mani in WP.5110/04, 7091, 7092/08 Mr.G.Sankaran in WP.18573/05 Mr.J.Antony Jesus in WP.6711/06 Mr.Satish Parasaran in WP.28427/07 Mr.N.S.Sivakumar in WP.39612/06 Mr.R.N.Amarnath in WP.39237/05, 28901/05 Mr.S.Navaneethakrishnan in WP.2221 to 2224/2000 Mr.M.Baskar in WP.25460/06 Mrs.R.Hemalatha in WP.13616/03 Mrs.Muthumani Doraisamy in WP.7778/2000 For Respondents : Mr.M.Dhandapani, Spl.G.P. Mr.P.Wilson, Addl.A.G. Assisted by Mr.A.Vijayakumar (TNHB) Mr.Satish Parasaran for R-3 (W.P.5537/2000) COMMON ORDER The petitioners are all land owners in the Kalappatty Town Panchayat, Coimbatore (North) Taluk, Coimbatore District situated in the National Highway-47 leading from Coimbatore to Avinasi coming under the Coimbatore Corporation limits. 2.The lands of petitioners were sought to be taken over by the State Government under the provisions of the Land Acquisition Act, 1894 for the purpose of handing it over to the Tamil Nadu https://hcservices.ecourts.gov.in/hcservices/ Housing Board for executing the Neighbourhood Scheme. Section 4(1) notification under the Land Acquisition Act was issued on 13.3.1988. The public purpose indicated in the notification was to build houses for a Neighbourhood Scheme. Initially, an unimaginable extent of 1973.74 acres of land was sought to be taken over and a requisition was made in the year 1987 as per LPS made in this behalf by the Tamil Nadu Housing Board. But, however, the State Government took a decision to drop 1186.38 acres from the acquisition proceedings out of the required 1973.74 acres. Even then the notification under Section 4(1) covered an extent of 787.36 acres. Out of these lands, 7.57 acres were excluded by the State Government. Even in respect of Section 4(1) notification issued, as no follow up steps were taken, 22.46 acres were allowed to be lapsed. 3.Thereafter, at the instance of the land owners, the State Government dropped acquisition proceedings in respect of 30.21 acres, thereby leaving the balance of 757.15 acres which alone were covered by the draft declaration issued. However, Awards came to be passed only to an extent of 671.10 acres. Out of balance extent of 86.05 acres, 75.29 acres were covered by the writ petitions pending before this court. Thereafter, 50.57 acres allowed to be lapsed since no further steps taken and proceedings in respect of those lands were also finally dropped. Only 35.48 acres of lands are covered in these writ petitions. 4.In the meanwhile, it is noted that out of 671.10 acres for which awards were passed, 496.54 acres were covered in 299 writ petitions. Out of these, 102 writ petitions covering an extent of 176.38 acres were disposed of in favour of the land owners. The Government reconveyed 176.38 acres in Kalappatty village by exercising its powers under Section 48B of the Land Acquisition Act after recovering the amounts paid along with interest together with administrative charges. Out of the balance 496.54 acres, 146.86 acres are covered by 70 cases which are pending. In those lands 67 structures are still in existence. It is also claimed that in respect of 174.55 acres, there are