State of Tamil Nadu and Another vs S.S. Jawahar and Another

A.R. Lakshmanan, J.—Writ Appeal No. 280 of 1994 is directed against the order of Govindasamy, J., dated 26-6-1991 made in W.P.

No. 5648 of 1983 on the file of this Court. The writ was filed by the 1st respondent herein to call for the records relating to proceedings of the

State of Tamil Nadu in G.O. No. 312. Housing and Urban Development dated 17-2-1979 and quash, the said proceeding in so far as it relates to

the acquisition of 0.10 cents of the petitioners'' land in S. No. 20/1 A1 in Ponmari Village, Madurai South Taluk. In the writ petition the State filed

a counter. The learned Judge passed the following order:

The matter in issue is concerned by the decision of this Court in W.P. No. 1326/82 (Madan Sundaram v. Governments Tamil Nadu,

Commissioner and Secretary to Housing and Urban Development Department, Madras-9 and 20 Ors.) (Vide order dated 7-2-1983). In view of

this, this writ petition will stand allowed. No costs.

and allowed the writ petition filed by the first respondent herein.

Writ Appeal No. 283 of 1994 was again filed by the State challenging the order of Govindasamy, J., in W.P. No. 11957 of 1983 dated 7-9-

1991 allowing the writ petition by passing the following order:

The petitioner herein has challenged the land acquisition proceedings initiated by the Government. The same acquisition proceedings were under

challenge in W.P. No. 1326/82 and batch (Madan Sundararaj v. Government of Tamil Nadu)"", Aggrieved by the above said two orders the State

has preferred the above writ petitions.

It is now represented that the decision of this Court in W.P. No. 1326 of 1982 followed by the learned single Judge in allowing the writ petition

was confirmed in W.A. No. 700 of 1986 on 18-11-1996 by a Division Bench of this Court. Since the order followed by the learned single Judge

had, been confirmed by the Division Bench of this Court, following the same, we also dismiss the above writ appeals. Accordingly, both the writ

appeals fail and are dismissed. No costs.