JUSTICE N.ANAND VENKATESH WP.No.10712/2020 & WMP.No.13011/2020 1—If such stringent actions are not taken, the black sheeps will go scot-free and this type of illegal activities will continue and ultimately, it will have a direct impact on the public interest. This Court, therefore, expects the State to act with alacrity immediately after the receipt of this order.

[9/15, 16:02] Sekarreporter 1: WP.No.10712/2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on 10.09.2020 Pronounced on 15.09.2020
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
WP.No.10712/2020 & WMP.No.13011/2020
1.K.Saraswathi
2.K.Balan @ Vijayakumar .. Petitioners
Versus
1.The State of Tamil Nadu
rep.by its Secretary to Government
Housing and Urban Development Department
Secretariat, Fort St George
Chennai 600 009.
2.The Special Tahsildar [LA]
Housing Schemes No.3
TATABAD, Sivanandha Colony
Coimbatore 641 012.
3.The Executive Engineer & Administrative Officer
Coimbatore Housing Unit, Tamil Nadu Housing Board
TATABAD, Sivanandha Colony
Coimbatore 641 012.
4.The Superintending Engineer
Tamil Nadu Housing Board
Salem Region, Coimbatore 641 002.
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[9/15, 16:02] Sekarreporter 1: WP.No.10712/2020
5.The Tahsildar,
Coimbatore North Taluk
Coimbatore. .. Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Declaration to declare the entire land
acquisition proceedings relating to proceedings covered in Award No.2/99
dated 31.12.1999 of the 2
nd
respondent in respect of the lands belonging to
the petitioners comprised in SF.No.6/2A to an extent of Acre 1.82 cents
situated in Vellakinaru Village, Coimbatore District, become lapsed, by virtue
of the operation of the provisions contained in Section 24[2] of the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, [Act 30/2013].
For Petitioner : Mr.Ar.L.Sundaresan
Senior Counsel assisted by
Mr.G.Sankaran
For Respondents : Mr.Vijay Narayan
Advocate General assisted by
Mr.E.Manoharan
Special Government Pleader for
RR 1, 2 & 5 &
Dr.R.Gouri, Standing counsel for
RR 3 & 4
ORDER
(1)This writ petition has been filed for the issue of a Writ of Declaration to
declare that the land acquisition proceedings relating to the subject
property has lapsed by virtue of the operation of the provisions contained
in Section 24[2] of the Right to Fair Compensation and Transparency in
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[9/15, 16:03] Sekarreporter 1: WP.No.10712/2020
Undertakings. Even if the State Government wants to implement projects
taking into consideration the public interest, there are black sheeps, both at
the level of the Government as well as the State Undertakings who will put
spokes into those developments for their self aggrandizement . This is a
classic case which falls under this category.
(41)There shall be a direction to the State Government to immediately initiate
an enquiry into the missing records and take all attempts to trace the
original records and also initiate departmental action against persons who
were instrumental in ensuring that the original records went missing. This
Court is confident that the original records are not actually missing, but
safely available with someone and probably after this order, attempts may
also be made to destroy the original records. If the State finds that private
parties are also involved in this illegal act, criminal complaint shall be
initiated and they should be brought to books. If such stringent actions are
not taken, the black sheeps will go scot-free and this type of illegal
activities will continue and ultimately, it will have a direct impact on the
public interest. This Court, therefore, expects the State to act with alacrity
immediately after the receipt of this order.
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