IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.04.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.7655 of 2011 & M.P.Nos.1 & 2 of 2011 M.Velusamy ... Petitioner/Petitioner Versus 1.State of Tamil Nadu rep. by the Commissioner and Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai 600 009. 2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Anna Salai, Chennai – 35. 3.The Special Tahsildar, (Land Acquisition), Neighbourhood Scheme, Ayyanthiru Maaligai, Salem – 8. .... Respondents/Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the relief of issuance of writ of certiorari calling for the entire records relating to the award passed by the third respondent in Award NO.6/88-89, dated 11.03.1989 and quash the same. For Petitioner : Mr. C.Prakasam For R-1 & R3 : Mr. S.Sivashanmugam, GA For R-2 : Mr. A.Vijayakumar O R D E R This writ petition has been filed to issue a writ of certiorari calling for the entire records relating to the award passed by the third respondent in Award N0.6/88-89, dated 11.03.1989 and quash the same. https://hcservices.ecourts.gov.in/hcservices/ 2. This writ petition has been filed on 23.03.2011 challenging the award No.6/88-89, dated 11.03.1989. Before dealing with the subject, I feel it would be useful to refer to the judgment rendered by the Division Bench of this Court in W.A.Nos.1143 to 1145 of 1998, dated 18.09.2000 wherein, the present petitioner, the appellant in W.A.No.1145 of 1998. The said order of the Division Bench reads as follows: "These appeals totally lack merits. The learned Single Judge had rightly dismissed all the writ petitions wherein the challenge only to the land acquisition proceedings was made. The learned Senior Counsel appearing on behalf of the appellants now says that they may have the opportunity to challenge the awards and legality thereof. The appellants can always challenge the awards. Therefore, all the writ appeals are dismissed observing that the appellants may take such steps as are available to them in law in challenging the awards. All connected CMPs. are closed." 2. Inspite of the liberty having been given to the petitioner to challenge the award in the year 2000 itself, the petitioner has chosen to file this writ petition nearly after eleven years. The reason given for the delay is that another writ petition was filed for a mandamus in W.P.No.2809 of 2001 and was dismissed only on 24.10.2008. Thereafter, the present writ petition has been filed. The subsequent writ petition in W.P.No.2809 of 2001 was dismissed by Justice K.Chandru wherein, holding as follows: "It is also seen that though the earlier writ petition filed by the petitioners was allowed on 23.12.1992, the said order was set aside by the Division Bench of this Court in W.A.No.1265 of 1995 on 04.10.1996. Again, the petitioners have filed another writ petition in W.P.No.8933 of 1997, which was also dismissed on 19.12.1997 and then they filed a writ appeal in W.A.No.1145 of 1998 which was also dismissed on 18.09.2000. Considering the same, this Court declined to extend the stay granted on 14.02.2001 and vacated the same by order dated 13.08.2003. In the light of the same, no case has been made out to interfere with the impugned proceedings. Hence, the writ petition stands dismissed. No costs." 3.The aforesaid order was passed in October 2008 and still the petitioner waited for two more years to file the present writ petition challenging the acquisition proceedings. I am constrained to dismiss the writ petition only on the ground of undue delay and gross laches on the part of the petitioner. The present writ https://hcservices.ecourts.gov.in/hcservices/ petition filed challenging the award dated 11.03.1989 is without justification and hit by delay and laches. In view of the above, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar Smi To 1.The Commissioner and Secretary to Government, State of Tamil Nadu Housing and Urban Development Department, Fort St. George, Chennai 600 009. 2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Anna Salai, Chennai – 35. 3.The Special Tahsildar, (Land Acquisition), Neighbourhood Scheme, Ayyanthiru Maaligai, Salem – 8. 1 cc to Mr.C.Prakasam, Advocate, Sr.No.29410 1 cc to Government Pleader, Sr.No.29162 1 cc to Mr.A.Vijayakumar, Advocate, Sr.No.29089 W.P.No.7655 of 2011 UG {CO} TP/12.5.2011. https://hcservices.ecourts.gov.in/hcservices/