IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 23.06.2006 Coram:- The Hon’ble Mr. Justice P.SATHASIVAM and The Hon’ble Mr. Justice V.DHANAPALAN Writ Appeal No.2674 of 2001 1.P.Gopalakrishnan 2.P.V.Subramanian, rep. by his Power Agent V.Venkateswara Iyer 3.B.S.Rajagopalan 4.K.Jayalakshmi 5.Valsala Balakrishnan 6.R.Mangalam Subramanyam ... Appellants/Petitioners Vs. 1.The State of Tamil Nadu rep. by its Commissioner and Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009. 2.The Managing Director, Tamil Nadu Housing Board, Chennai-35. 3.The Special Tahsildar(L.A.) Tamil Nadu Housing Board, Chennai-35. .. Respondents/Respondents Writ appeal filed under Clause 15 of the Letters Patent against the order dated 09.10.2001 made in W.P.No.17186 of 1999. WP 17186/99: Petition filed under Article 226 of the constitution of India to issue a writ of Certiorari calling for the records relating to the impugned notification issued by the first respondent under section 4(1) of the Land Acquisition Act in G.O.Ms.No.570 dt. 24.7.1984 and the consequential award passed by the third respondent in No.1/99 (D1/394/83) dt. 18.5.99 and quash the same. https://hcservices.ecourts.gov.in/hcservices/ For Appellants : Mr.V.Elangovan For 1st Respondent : Mr.M.Dhandapani, Addl. Government Pleader For respondents : Mr.D.Veerasekaran(TNHB) 2 & 3 JUDGMENT (Judgment of the Court was delivered by P.SATHASIVAM, J.) The above writ appeal is filed against the common order of the learned single judge dated 09.10.2001 made in W.P.No.17186 of 1999. 2. Heard the learned counsel appearing for the appellants as well as the Additional Government Pleader for the respondents. 3. The main challenge with regard to the acquisition proceedings was that the award passed is not within the prescribed period of two years. The particulars furnished show that the very same appellants filed writ petition viz., WP No.3902 of 1988 and obtained interim stay on 07.04.1998. The said writ petition was disposed of on 16.07.1998. It is the case of the appellants that after the said disposal, the authority should have passed the award within a period of two years. The appellants are concerned with the land in Survey Nos.TS.16/4, 16/5 and 16/6, Puliyur village, Egmore, Nungambakkam Taluk, Madras. It is further seen that it is not in dispute that the publication of declaration under Section 6 of the Tamil Nadu Land Acquisition Act (hereinafter referred to as "the Act") was made on 15.04.1985 and Award No.1/98 has been passed on 09.03.1998, Award No.2/98 has been passed on 10.09.1998 and Award No.1/99 has been passed on 18.05.1999. The earlier first Writ Petition No.3902 of 1988 was admitted and stay was granted on 07.04.1988 and finally the writ petition was dismissed on 16.07.1998. As rightly observed and noted by the learned single Judge, if the period during which the stay was in force is taken into consideration, Award No.1/99, which we are concerned with in this appeal, has been passed on 18.05.1999, which is well within the time. All these details, particularly, the various dates have been culled out from the records and after satisfying himself, the learned single Judge found that the award passed in Award No/1/99 is well within time. We have also verified and considered all those details. We are in agreement with the said conclusion. https://hcservices.ecourts.gov.in/hcservices/ 4. In the light of what is stated above, we do not find any ground for interference. Accordingly, the writ appeal fails and the same is dismissed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar raa 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, Chennai-35. 3.The Special Tahsildar(L.A.) Tamil Nadu Housing Board, Chennai-35. +1cc to Mr.D.Veerasekaran, Advocate Sr 26691 +1cc to Govt. Pleader Sr 26731 JE (CO) km/30.6. W.A.No.2674 of 2001 https://hcservices.ecourts.gov.in/hcservices/