IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 02.02.2010 CORAM THE HONOURABLE MR. JUSTICE M.JAICHANDREN W.P. No.1710 OF 2010 and M.P.No.1 of 2010 K.Pappayya .. Petitioner. Versus 1.The Chairman cum Managing Director, Housing Board Development, Guindy, Chennai. 2.The District Collector, Collectorate, Krishnagiri, Krishnagiri District. 3.The Sub-Collector Sub-Collector's Office, Hosur Town, Krishnagiri District-635 109. 4.The Special Tahsildar, Land Acquisition Housing Board Development, Krishnagiri District. .. Respondents. PRAYER: Writ petition has been filed under Article 226 of The Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to settle the compensation to the petitioner towards his acquired land measuring 3.29 acres, in Survey No.29/3 and 32/2 of Hosur Village, Hosur Taluk, Krishnagiri District, according to the market value. For Petitioner : Mr.M.D.Thirunavukkarasu For Respondents : Mr.A.Vijaya Kumar (R1) Mr.R.Murali Government Advocate (R2 to R4) O R D E R
This writ petition has been filed praying for a Writ of Mandamus to direct the respondents 1 to 4 to settle the compensation to the petitioner, in respect of his land, measuring 3.29 acres in Survey No.29/3 and 32/2 of Hosur Village, Hosur Taluk, Krishnagiri District, as per the market value, as it had been acquired for a public purpose.
2. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the respondents had submitted that the petitioner had earlier filed a writ petition before this Court, in W.P.No.45429 of 2006, and this Court, by an order, dated 23.11.2006, had directed the respondents therein, to pass orders on the representation of the petitioner, dated 13.11.2006, within a specified period.
3. The representation of the petitioner, dated 13.11.2006, was relating to the compensation to be paid by the respondents to the petitioner, in respect of the lands acquired by the respondents. Thereafter, a contempt petition had also been filed by the petitioner in Contempt Petition No.1788 of 2007, in W.P.No.45429 of 2006, wherein, this Court had passed an order, dated 4.12.2009, recording the submission made by the learned Government Advocate appearing on behalf of the respondents that, the representation of the petitioner, dated 13.11.2006, had been considered and a reply, dated 12.12.2006, had been sent to the petitioner. Further, the learned Judge had also observed that it would be open to the petitioner to challenge the order, dated 12.12.2006, issued by the respondents, in reply to the representation of the petitioner, dated 13.11.2006. Instead of challenging the order, dated 12.12.2006, the petitioner has preferred the present writ petition praying for the same relief, as in W.P.No.45429 of 2006.
4. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, this Court is of the considered view that the present writ petition is not maintainable, since, the petitioner had preferred the writ petition, in W.P.No.45429 of 2006, before this Court, for the same relief, as in the present writ petition. Further, as observed in the order of this Court, dated 4.12.2009, passed in the Contempt Petition No.1788 of 2007, it would be open to the petitioner to challenge the proceedings of the respondents, dated 12.12.2006, if so advised, in the manner known to law.
Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
csh
To
1.The Chairman cum Managing Director,
Housing Board Development,
Guindy, Chennai.
2.The District Collector,
Collectorate, Krishnagiri,
Krishnagiri District.
3.The Sub-Collector
Sub-Collector’s Office,
Hosur Town,
Krishnagiri District-635 109.
4.The Special Tahsildar,
Land Acquisition
Housing Board Development,
Krishnagiri District