IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:27.4.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.10807 of 2011 and M.P.No.1 of 2011 Sri Sastha Nagar Manai Nila Sonthakkaragal Sangam, represented by its Secretary, S.Balasundaram, S/o V.C.Subramaniam, No.2/45-A, Shivaya Nagar, 5th Main Road, Reddiyur, Salem-4. ... Petitioner vs. 1.The State of Tamil Nadu represented by its Commissioner and Secretary, Housing and Urban Development Department, Fort St. George, Chennai-600 009. 2.The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Salem, Salem District. 3.The Chairman-cum- Managing Director, Tamil Nadu Housing Board, Nandhanam, Chennai-600 035. 4.The Commissioner, Salem City Municipal Corporation, Salem. https://hcservices.ecourts.gov.in/hcservices/ 5.The Member Secretary, Salem Local Town Planning Authority, Salem. 6.The Executive Engineer and Administrative Officer, Salem Housing Unit, Tamil Nadu Housing Board, Ayyanthirumaaligai, Salem-8. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 4 and 5 to consider the members of the petitioner Sangam's application for building plan and grant approval for the same in respect of Survey Nos.242/5, 252/7 (Part), 242/8C, 242/8D, 242/8E, 243/3 to 243/12, 243/13 (Part), 243/14 to 243/19, 244/2, 245/1, 245/2(Part), 245/3(Part), 246/1 (Part), 246/2 to 246/5, 249/6, 249/7 to a total extent of 10.88 acres in Jagir Ammapalayam Village, Salem Taluk and District. For Petitioner : Mr.V.Bharathidasan For Respondents : Mr.S.Shivashanmugam, Government Advocate for R1, R2, R4 and R5. Mr.A.Vijayakumar, for R3 and R6. ----- O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 4 and 5 to consider the members of the petitioner Sangam's application for building plan and grant approval for the same in respect of Survey Nos.242/5, 252/7 (Part), 242/8C, 242/8D, 242/8E, 243/3 to 243/12, 243/13 (Part), 243/14 to 243/19, 244/2, 245/1, 245/2(Part), 245/3(Part), 246/1(Part), 246/2 to 246/5, 249/6, 249/7 to a total extent of 10.88 acres in Jagir Ammapalayam Village, Salem Taluk and District. 2. Mr.S.Shivashanmugam, learned Government Advocate takes notice on behalf of the respondents 1, 2, 4 and 5. Mr.A.Vijayakumar, learned counsel takes notice on behalf of the respondents 3 and 6. By consent of all parties, the writ petition is taken up for final disposal. 3. Petitioner Sangam is a Registered Society and it purchases certain land for developing house plots for its members. That land was https://hcservices.ecourts.gov.in/hcservices/ sought to be acquired by the Tamil Nadu Housing Board for development under the Neighbourhood Scheme. The acquisition proceedings were challenged and set aside by order of this Court in W.P.No.2665 of 1987 by order dated 15.4.1997 by the P.SATHASIVAM,J., as He then was. The further proceedings were also set aside in W.P.No.9941 of 1988 by order dated 18.9.1997. The Writ Appeal filed by the State and the Special Tahsildar challenging the order in W.P.No.2665 of 1987 along with application for condonation of delay was dismissed. Petitioner thereafter made an application for planning permission and the Commissioner, Salem Municipal Corporation, the fourth respondent wrote a letter dated 20.5.2008 to the Housing Board calling upon them to state as to whether the land for which the building permission is sought for, is subjected to any acquisition proceedings. A copy of the letter has also been marked to one of the members of the petitioner association by name Mr.Senthilkumar. Thereafter, the petitioner association has been making representations to the State as well as the Housing Board to direct the Special Tahsildar to delete the lands from acquisition proceedings so as to enable the members of the association to get approval of the building plan. They also prayed for no objection from the Housing Board authorities. The present writ petition has been filed for a mandamus to direct the respondents 4 and 5 to consider their application for grant of approval to the building plan. 4. If the plea of the petitioner that there is no pending acquisition proceedings is correct, then, the third respondent has no role to play, in considering the application for grant of approval by the fourth and fifth respondents. On 20.5.2008 when the fourth respondent issued the letter to the Housing Board Authority asking them to state whether there is pending acquisition proceedings and a copy of the letter is also marked to Mr.Senthilkumar who is one of the members of the petitioner association, the petitioner association should have stepped in at that point of time and taken appropriate action to point out that there is no acquisition proceedings pending as on date and the proceedings as on date was set aside by the Court of Law. The fourth respondent should have been put on notice by the petitioner's association about the legal position so as to enable the fourth respondent to take a decision on the basis of the reply and the documents to be submitted. Without doing so, the petitioner association has been making representations to the Housing Board who will have no jurisdiction to reply, as the acquisition proceedings was already set aside by this Court. 5. In view of the above, petitioner association is directed to submit a detailed reply enclosing the orders of this Court whereby the acquisition proceedings have been set aside and seek approval of the building plan submitted by the members of the petitioner association and the fourth and fifth respondents, on receipt of such representation along with a copy of this order, shall consider and pass finial orders within four weeks from the date of receipt of such representation on https://hcservices.ecourts.gov.in/hcservices/ merits. 6. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1.The Commissioner and Secretary, State of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai-600 009. 2.The Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Salem, Salem District. 3.The Chairman-cum- Managing Director, Tamil Nadu Housing Board, Nandhanam, Chennai-600 035. 4.The Commissioner, Salem City Municipal Corporation, Salem. 5.The Member Secretary, Salem Local Town Planning Authority, Salem. https://hcservices.ecourts.gov.in/hcservices/ 6.The Executive Engineer and Administrative Officer, Salem Housing Unit, Tamil Nadu Housing Board, Ayyanthirumaaligai, Salem-8. +1cc to Mr.A.Vijayakumar, Advocate Sr 30046 +1cc to Govt. Pleader SR 29632 +1cc to Mr.V.Bharathidasan, Advocate Sr 29493 JP(CO) km/5.5. W.P.No.10807 of 2011 https://hcservices.ecourts.gov.in/hcservices/