Research › Search › Judgment

Madras High Court · body

2012 DIGILAW 2015 (MAD)

Indira Nagar House Building Welfare Society, represented by its Secretary, P. S. Jayanthi v. State of Tamil Nadu, represented by the Secretary

2012-04-23

R.SUDHAKAR

body2012
JUDGMENT 1. This Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to transfer patta in the revenue records and to reconvey the lands to the members of the petitioner association in respect of Survey No.94/3 in Ayyamperumalpatti Village, Salem Taluk and District. 2. Mr.R.Vijayakumar, learned Additional Government Pleader takes notice on behalf of the respondents 1 and 4 to 7. In view of the nature of order to be passed, the notice to the respondents 2 and 3 is dispensed with. By consent, the Writ Petition is taken up for final disposal. 3. The writ petition has been filed for transfer of patta on the grounds that the Notification under Section 4(1) of the Land Acquisition Act, has been quashed in W.P.No.5023 of 1986 and the further Writ Appeal SR No.33846 of 1999 filed along with CMP No.10962 of 2000 to condone the delay of 1060 days has been dismissed. The SLP (Civil) CC No.7575 of 2009 has also been dismissed by the Apex Court on 9.7.2009. Thereafter, petitioner made a representation dated 10.1.2010 to the respondents. The same has been acknowledged by the second respondent, which is also enclosed along with the typeset of papers. 4. In view of the above, the seventh respondent is directed to consider the representation dated 10.1.2010 on its own merits and in accordance with law based on relevant records expeditiously, preferably, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this court has not expressed any opinion on the merits of the claim of the petitioner. While considering the representation of the petitioner, the authority should give notice to all the parties concerned so as to avoid the allegation of principles of natural justice. 5. The Writ Petition is disposed of as above. No costs.