IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-01-2010 Coram: THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.537 of 2010 & M.P.Nos.1 and 2 of 2010 S.Indira .. Petitioner. Versus 1. The Secretary to Government Housing and Urban Development Department Government of Tamilnadu,Secretariat, Fort St.George, Chennai- 600 009 2. The Special Tahsildar (Land Acquisition) Neighbourhood Scheme, Nagercoil, Agasteeswaram Taluk, Kanniyakumari District. 3.The Chairman,Tamil Nadu Housing Board Annasalai, Nandanam, Chennai-35 .. Respondents. PRAYER: Petition filed seeking for a Writ of Certiorarified Mandamus to call for the records relating to GO MS NO 1212 Housing and Urban Development Department dated 17.09.1991 under Section 4(1) of the Land Acquisition Act and consequential Section 6 Notification issued under GO MS No. 855 Housing and Urban Development dated 14.12.1992 in respect land measuring 71/2 cents in of TS No N3/2-3 in Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District and quash the same and direct the 3rd Respondent to issue no objection certificate to the petitioner in respect of 71/2 cents of Land in TS No N3/2-3, Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District so as to enable the petitioner to pay land taxes and other levies before the revenue authority. For Petitioner : Mr.D.Rajagopal For Respondents : Mr.R.Murali (1 and 2) Government Advocate For third Respondent : Mr.A.Vijayakumar O R D E R This Writ Petition has been filed praying for a Writ of Certiorarified Mandamus, to call for the records relating to G.O.Ms.No.1212, Housing and Urban Development Department, dated, 17.09.1991, issued under Section 4(1) of the Land Acquisition Act and the consequential Section 6 Notification issued under G.O.Ms.No.855, Housing and Urban Development Department, dated 14.12.1992, in https://hcservices.ecourts.gov.in/hcservices/ respect of the land measuring 7 ½ cents, in T.S. No N3-2/3 in Nagercoil Village, Agastheeswaram Taluk, Kanniyakumari District. 2.The main contention of the learned counsel for the petitioner is that with regard to a similarly placed person, as that of the petitioner, this Court, by its order, dated, 26.03.2004, made in W.P.No.21216 of 1994 ,had set aside the acquisition proceedings. Further, this Court, by an order, dated 29.09.2009, in W.P.No.34698 of 2007, had directed the first respondent, to consider the representation of the petitioner, for the issuance of a 'No objection Certificate' to the petitioner, in respect of the land in question. 3. The learned counsel for the petitioner had also submitted that the respondents, after acquiring the land belonging to the petitioner, had not utilised the same for the purpose for which it had been acquired. Therefore, the impugned notification issued, under Section 4(1) of the Land Acquisition Act and the consequential Section 6 Notification, issued under G.O. Ms. No. 855, Housing and Urban Development Department, dated 14.12.1992, ought to be quashed and a direction has to be issued to the third respondent to issue a 'No Objection Certificate' to the petitioner, in respect of the property, to enable him to pay the land taxes and other levys before the Revenue authorities. 3. The learned counsel appearing on behalf of the respondents had pointed out that the order relied on by the learned counsel for the petitioner had been passed by this Court, on 26.03.2004, in W.P.No.21216 of 1994, filed by the concerned petitioner in the year, 1994. Thereafter, an award had been passed, on 14.12.1992, acquiring the land belonging to the petitioner. Therefore, it is not open to the petitioner to pray that the impugned notification, issued under Section 4(1) of the Land Acquisition Act and the consequential Section 6 Notification issued under G.O. Ms. No. 855 Housing and Urban Development Department, dated 14.12.1992, are to be set aside. Proper reasons have not been shown by the petitioner to substantiate his claims. Further, no Writ Petition could be maintained challenging the proceedings after the final award had been passed. 4. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available before this Court, this Court is of the considered view that this Writ Petition is devoid of merits. The petitioner has challenged the land Acquisition Proceedings after a lapse of nearly nineteen years from the date of the issuing of the impugned proceedings, under Section 4 (1) of the Land Acquisition Act and the consequential Section 6 Notification, issued under G.O. Ms. No. 855 Housing and Urban Development Department, dated 14.12.1992 . Further, an award had been passed on 14.12.1992. The order passed by this Court, on 26.03.2004, in W.P.No.21216 of 1994, in respect of one Sugumaran relates to the Writ Petition filed in the year, 1994, even before the award had been passed. In such circumstances, the Writ Petition is liable to be dismissed. Hence, this Writ Petition is dismissed. No costs. Consequently connected Miscellaneous Petitions are closed. https://hcservices.ecourts.gov.in/hcservices/ However, it goes without saying, that it would be open to the petitioner to move the appropriate authorities for the reconveyance of the land in question to the petitioner, under Section 48(b) of the Land Acquisition Act, if so advised. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar arr To 1. The Secretary to Government Housing and Urban Development Department Government of Tamilnadu,Secretariat, Fort St.George, Chennai- 600 009 2. The Special Tahsildar (Land Acquisition) Neighbourhood Scheme, Nagercoil, Agasteeswaram Taluk, Kanniyakumari District. 3.The Chairman,Tamil Nadu Housing Board Annasalai, Nandanam, Chennai-35 1 cc to Mr.D.Rajagopal, Advocate, Sr.No.4447 1 cc to Mr.A.Vijayakumar, Advocate, Sr.No.4472 1 cc to Government Pleader, Sr.No.4717 W.P.No.537 of 2010 SP {CO} TP/8.2.2010. https://hcservices.ecourts.gov.in/hcservices/