IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 24.03.2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition Nos.6365 of 2006, 7563 of 2006, 7569 of 2006, 7585 of 2006, 7926 to 7930 of 2006, 9215 & 9216 of 2006, 9306 of 2006 and 9818 of 2006 and W.P.M.P.Nos.6864 of 2006, 8316 of 2006, 8323 of 2006, 8343 of 2006, 8814 of 2006, 8816 of 2006, 8818 of 2006, 8820 of 2006, 8822 of 2006, 10178 of 2006, 10180 of 2006 and 10304 of 2006, 10964 & 10965 of 2006 W.P.No.6365 of 2006 M.Elumalai rep. By his Power agent R.Chandrasekaran No.3-B, Irusappan Street, Lakshmipuram, Thiruvanmiyur, Chennai – 600 041. .. Petitioner Vs. 1.The State of Tamil Nadu Rep. By the Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai – 9. 2.The President, Thaiyur Village Panchayat Board, Thaiyur Village, Chenglepet Taluk, Kancheepuram District. 3.The Sub-Registrar, Tiruporur-Chenglepet Taluk, Kancheepuram District. 4.The Chennai Metropolitan Development Authority, rep. By its Member Secretary, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records relating to the impugned G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 issued by the first respondent and quash the same as illegal and ultra vires in so far as it relates to the petitioner's lands comprised in S.No.1484/2, Plot No.14, Vinodh Nagar Extension-II, measuring to an extent of 2400 sq.ft. and https://hcservices.ecourts.gov.in/hcservices/ situated at Thaiyur Village, Thiruporur Panchayat Union, Chengalpattu Taluk, Kancheepuram District. For Petitioner : Mr.K.Premkumar For Respondents: Mrs.D.Geetha, AGP (For R1 to R3) Mr.I.Paranthaman (For R4) W.P.No.7563 of 2006 N.Santhalingam s/o.C.G.Natesa Mudaliar, aged 77 years, No.D1, First Floor, S.S.Anugraha Apartments, 95,Muniappa Naicker Street, Perambur, Chennai – 11, duly rep. By his Power of Attorney Holder Mr.T.Chandrasekar, s/o.Mr.Brahmaiah Gupta aged 36 years, having place of business, at BC-5th Block, Bajaj Apartments 5th Street, Nandanam Extension, Nandanam Chennai – 600 035. .. Petitioner Vs. 1.The State of Tamil Nadu Rep. By the Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur - Chengalpattu Taluk, Kancheepuram District. 3.The Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent, the State of Tamil Nadu relating to the impugned G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 and quash the same as illegal and ultra vires and further direct the second respondent to register the document of sale deed relating the lands comprised in S.No.1395-D, bearing Plot No.41, situated at Sri Swaminathan Nagar Layout New No.52, Thaiyur Village, Thiruporur Panchayat, Kancheepuram District by way of house sites, or by way of agricultural lands measuring an extnt of 7200 sq.ft. without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 in favour of third parties or to their nominee or nominees. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.A.Govardhan Rao For Respondents: Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) W.P.No.7569 of 2006 P.Velayudam s/o. Late Patchai aged about 51 years, residing at Mudichur Salai, Manimangalam, Sriperumbudur Taluk, Kancheepuram District duly rep. By his Power of Attorney Holder Mr.T.Chandrasekar, s/o.Mr.Brahmaiah Gupta aged 36 years, having place of business, at No.1, Sarathy Street, Off. Habibullah Road, T.Nagar, Chennai -17. .. Petitioner Vs. 1.The State of Tamil Nadu Rep. By the Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur - Chengalpattu Taluk, Kancheepuram District. 3.The Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent, the State of Tamil Nadu relating to the impugned G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 and quash the same as illegal and ultra vires and further direct the second respondent to register the document of sale deed relating the lands comprised in S.No.709/11, admeasuring 22 cents situated at No.46, Thaiyur Village, Kancheepuram District, by way of house sites, or by way of agricultural lands without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 in favour of third parties or to their nominee or nominees. For Petitioner : Mr.A.Govardhan Rao For Respondents: Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) https://hcservices.ecourts.gov.in/hcservices/ W.P.No.7585 of 2006 A.Vargheese Chummar s/o. Late Dr.A.V.Chummar aged about 62 years, residing at No.62, Cenotoph High Road, Chennai - 18 duly rep. By his Power of Attorney Holder Mr.T.Chandrasekar, s/o.Mr.Brahmaiah Gupta aged 36 years, residing at B-1, Sankara Apartments, Athreyapuram 2nd Street, Choolaimedur, Chennai – 600 094. .. Petitioner Vs. 1.The State of Tamil Nadu Rep. By the Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur - Chengalpattu Taluk, Kancheepuram District. 3.The Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent, the State of Tamil Nadu relating to the impugned G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 and quash the same as illegal and ultra vires and further direct the second respondent to register the document of sale deed relating to the lands situated at No.46, Thaiyur Village, Kancheepuram District, comprised in Survey No.513/2, admeasuring 1 Acre 71 cents, Srvey No.514/8, admeasuring 24 cents, Survey No.514/1, admeasuring 15 cents, Survey No.514/9 admeasuring 8 cents; Suvey No.514/3, admeasuring 12 cents and 514/6, admeasuring 32 cents in altogether the total extent of the agricultural lands in the above S.Nos. Admeasures i.e., 2 acres 44 cents by way of house sites, or by way of agricultural lands without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-3/1) Department dated 19.09.2003 in favour of third parties or to their nominee or nominees. For Petitioner : Mr.A.Govardhan Rao For Respondents: Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) https://hcservices.ecourts.gov.in/hcservices/ W.P.No.7926 of 2006 1.P.Harikrishnan 2.H.Deena Dayalan All represented by their Power Agent: Mr.D.Sathyamoorthi .. Petitioners Vs. 1.The Government of Tamil Nadu Rep. By its Secretary, Housing & Urban Development Department, Secretariat, Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur - Chengalpattu Taluk, Kancheepuram District. 3.The Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 on the file of the first respondent Government of Tamil Nadu and quash the same as illegal and ultra vires and further direct the second respondent to register the aforesaid sale deeds relating to the said lands measuring 12.35 cents in Survey No.233/1A, 24.70 cents in Survey No.233/5A, 6.17 cents in Survey No.233/9B situated in No.45, Thiruvidandhai village, Chengalpattu Taluk, Kancheepuram District without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003. For Petitioners : Mr.A.Selvanambi For Respondents : Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) W.P.No.7927 of 2006 1.G.Kanniyappan 2.G.Gnanamurthy 3.Minor G.Parkunan rep. By his father and natural guardian Mr.G.Kanniyappan 4.Mrs.G.Indira https://hcservices.ecourts.gov.in/hcservices/ All represented by their Power Agent: Mr.D.Sathyamoorthi .. Petitioners Vs. 1.The Government of Tamil Nadu Rep. By its Secretary, Housing & Urban Development Department, Secretariat, Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur - Chengalpattu Taluk, Kancheepuram District. 3.The Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 on the file of the first respondent Government of Tamil Nadu and quash the same as illegal and ultra vires and further direct the second respondent to register the aforesaid sale deeds relating to the said lands measuring 48.16 cents in S.No.232/18A, 22.23 cents in S.No.234/19, 22.23 cents in S.No.236/1A and 7.41 cents in S.No.236/1D situated in No.45, Thiruvidandhai village, Chengalpattu Taluk, Kancheepuram District without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003. For Petitioners : Mr.A.Selvanambi For Respondents : Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) W.P.No.7928 of 2006 1.N.Venugopal 2.Minor V.Anusuya 3.Minor V.Sakthivel .. Petitioners 2 & 3 minors rep. By their father natural guardian Mr.N.Venugopal All represented by their Power Agent: Mr.D.Sathyamoorthi Vs. https://hcservices.ecourts.gov.in/hcservices/ 1.The Government of Tamil Nadu Rep. By its Secretary, Housing & Urban Development Department, Secretariat, Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur - Chengalpattu Taluk, Kancheepuram District. 3.The Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 on the file of the first respondent Government of Tamil Nadu and quash the same as illegal and ultra vires and further direct the second respondent to register the aforesaid sale deeds relating to the said lands measuring 54.34 cents in S.No.233/5B, 6.17 cent sin S.No.233/9A, 7.41 cents in S.No.233/9C situated in No.45, Thiruvidandhai village, Chengalpattu Taluk, Kancheepuram District without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003. For Petitioners : Mr.A.Selvanambi For Respondents : Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) W.P.No.7929 of 2006 1.S.Nagarajan 2.N.Balakrishnan 3.Minor N.Ramakrishnan rep. By his father and natural guardian Mr.S.Nagarajan All represented by their Power Agent: Mr.D.Sathyamoorthi .. Petitioners Vs. 1.The Government of Tamil Nadu Rep. By its Secretary, Housing & Urban Development Department, Secretariat, Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur - Chengalpattu Taluk, Kancheepuram District. https://hcservices.ecourts.gov.in/hcservices/ 3.The Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 on the file of the first respondent Government of Tamil Nadu and quash the same as illegal and ultra vires and further direct the second respondent to register the aforesaid sale deeds relating to the said lands measuring 33.34 cents in S.No.232/18B, 22.23 cents in S.No.232/19, 30.87 cents in S.No.233/4 and 80.27 cents in S.No.233/68 situated in No.45, Thiruvidandhai village, Chengalpattu Taluk, Kancheepuram District without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003. For Petitioners : Mr.A.Selvanambi For Respondents : Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) W.P.No.7930 of 2006 1.D.Ranganatha Naicker 2.R.Jayaraman 3.Mrs.Indira 4.R.Karunakaran 5.Mrs.Amudha All represented by their Power Agent: Mr.D.Sathyamoorthi .. Petitioners Vs. 1.The Government of Tamil Nadu Rep. By its Secretary, Housing & Urban Development Department, Secretariat, Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur - Chengalpattu Taluk, Kancheepuram District. 3.The Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 on the file of the https://hcservices.ecourts.gov.in/hcservices/ first respondent Government of Tamil Nadu and quash the same as illegal and ultra vires and further direct the second respondent to register the aforesaid sale deeds relating to the said lands measuring 1.01.27 acres in S.No.234/4, 14.82 cents in S.No.228/98, 7.41 cents in S.No.228/11B, 27.17 cents in S.No.228/4, 7.41 cents in S.No.228/12, 17.29 cents in S.No.235/1A situated in No.45, Thiruvidandhai village, Chengalpattu Taluk, Kancheepuram District without any recourse to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003. For Petitioners : Mr.A.Selvanambi For Respondents : Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) W.P.No.9215 of 2006 C.Krishnamurthy .. Petitioner Vs. 1.The State of Tamil Nadu Rep. By the Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur-Chenglepet Taluk, Kancheepuram District. 3.The Member Secretary Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records relating to the G.O.Ms.No.241 (Housing and Urban Development (UD-III- 1) Department) dated 19.09.2003 of the first respondent herein and quash the same in so far as Clause I, II and III of Para 3 of the said G.O. For Petitioner : Mr.E.Vijayakumar For Respondents: Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) W.P.No.9216 of 2006 K.Devi .. Petitioner https://hcservices.ecourts.gov.in/hcservices/ Vs. 1.The State of Tamil Nadu Rep. By the Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur-Chenglepet Taluk, Kancheepuram District. 3.The Member Secretary Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records relating to the G.O.Ms.No.241 (Housing and Urban Development (UD-III- 1) Department) dated 19.09.2003 of the first respondent herein and quash the same in so far as Clause I, II and III of Para 3 of the said G.O. For Petitioner : Mr.E.Vijayakumar For Respondents: Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) W.P.No.9306 of 2006 1.P.Jagadeesan 2.Pattammal 3.Deivanayagi 4.Sivagami 5.R.Shankar 6.R.Annammal Petitioners 1 to 6 represented by their Power Agent P.A.Anbazhagan .. Petitioners Vs. 1.The State of Tamil Nadu Rep. By the Secretary to Government, Housing & Urban Development Department, Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur-Chenglepet Taluk, Kancheepuram District. https://hcservices.ecourts.gov.in/hcservices/ 3.The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the records relating to G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department dated 19.09.2003 and quash the same in so far as Clause Nos.I, II and III of paragraph 3 of the said G.O., in respect of petitioners 3/4th undivided share in agricultural lands situate at Thaiyur Village, Chengalpattu Taluk, Kancheepuram District, comprised in Survey Nos.1351/1'0'1, Patta No.605, measuring an extent of 44.5 hectares. For Petitioners: Mr.A.Thayaparan For Respondents: Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) W.P.No.9818 of 2006 A.Meenakshi .. Petitioner Vs. 1.The Government of Tamil Nadu Rep. By the Secretary,Housing & Urban Development (UD-III-1) Fort St. George, Chennai – 9. 2.The Sub-Registrar, Tiruporur-Chenglepet Taluk, Kancheepuram District. 4.The Member Secretary, Chennai Metropolitan Development Authority, (Nodal Agency), Thalamuthu Buildings, Egmore, Chennai – 600 008. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling for the records relating to G.O.Ms.No.241, dated 19.09.2003 on the file of the Housing and Urban Development (UD-III-1) Department, the first respondent herein and to quash the Sub-Paragraph (ii) and (iii) of Para-3 of the said G.O. in so far as the petitioner is concerned and to quash the same. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.Y.Jyothish Chander For Respondents: Mrs.D.Geetha, AGP (For R1 & R2) Mr.I.Paranthaman (For R3) COMMON ORDER Heard the learned counsels appearing on behalf of the petitioners, as well as the learned counsels appearing on behalf of the respondents. 2. At this stage of the hearing of the writ petitions, the learned counsels appearing on behalf of the petitioners had submitted that a number of orders have been passed by this Court, earlier, in W.P.No.23316 of 2004 etc., (batch) and W.P.Nos.14894 and 1919 of 2005, quashing G.O.Ms.No.241, Housing and Urban Development (UD-III- 1) Department, dated 19.09.2003. It has also been submitted that the said orders had become final. 3. The learned counsels appearing on behalf of the respondents, had not refuted the said submissions made by the learned counsels appearing on behalf of the petitioners. It has also been submitted by the learned counsels appearing on behalf of the respondents that the impugned Government Order, in G.O.Ms.No.241, Housing and Urban Development (UD-III-1) Department, dated 19.09.2003, had been, subsequently withrawn by the State Government. 4. In such circumstances, since, no further orders are necessary, the writ petitions stand closed. No costs. Consequently, connected miscellaneous petitions are also closed. cse Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Secretary to Government, State of Tamil Nadu Housing & Urban Development Department, Fort St. George, Chennai – 9. https://hcservices.ecourts.gov.in/hcservices/ 2.The President, Thaiyur Village Panchayat Board, Thaiyur Village, Chenglepet Taluk, Kancheepuram District. 3.The Sub-Registrar, Tiruporur-Chenglepet Taluk, Kancheepuram District. 4.The Chennai Metropolitan Development Authority, rep. By its Member Secretary, Gandhi Irwin Road, Egmore, Chennai – 600 008. + 1 cc to Mr. I. Paranthamen, Advocate SR No.22147 Writ Petition Nos.6365 of 2006, 7563 of 2006, 7569 of 2006, 7585 of 2006, 7926 to 7930 of 2006, 9215 & 9216 of 2006, 9306 of 2006 and 9818 of 2006 and W.P.M.P.Nos.6864 of 2006, 8316 of 2006, 8323 of 2006, 8343 of 2006, 8814 of 2006, 8816 of 2006, 8818 of 2006, 8820 of 2006, 8822 of 2006, 10178 of 2006, 10180 of 2006 and 10304 of 2006, 10964 & 10965 of 2006 RV(CO) SR/10.5.2011 https://hcservices.ecourts.gov.in/hcservices/