K. A. Swami, J. - (1.) This appeal is preferred against the order dated 19th September, 1994 passed by the learned single Judge in W.P. No. 9043 of 1984.
(2.) The facts stated by the learned single Judge would go to show that the land acquisition proceedings had become final long back and the award also had been passed, but, by some proceedings or the other, the petitioner/ appellant has been clinging on to the possession of the property and is not handing over possession. The order of the learned single Judge deals with every aspect of the matter very eloquently. The communication challenged in the writ petition is dated 23.8.1984 bearing letter number 62105/C1/79-17 issued by the Deputy Secretary to Government, which reads thus:- "I am directed to invite your attention to your petition first cited and to state that the Govt have examined the judgment of the High Court of Madras in W.P. No. 2307/79 for reconsidering the question of withdrawal from the acquisition proceedings of premises bearing R. S No. 5358 of George Town, corresponding to 34, Sembudoss Street, Madras, in the light of the recommendation given by the Commissioner, Corporation of Madras, dt. 28.10.1978 and they have decided that there is no reason to comply with the request of the Commissioner, Corporation of Madras, to withdraw the above premises from acquisition proceedings. I am directed to request you to hand over possession of the abovesaid premises to the Land Acquisition Officer immediately." It is clear from the aforesaid letter that the land acquisition proceedings had become final long back.
(3.) At the stage of admission, it was submitted by learned counsel for the appellant that the Corporation does not require the land in question, therefore the view of the Corporation) may be obtained. In the light of that submission, this Court passed an order on 9.11.1995) directing the Corporation to be impleaded Accordingly, the Corporation has been impleaded and is represented through Mr. Kannadasan. It is also brought to our notice that the land in question is absolutely required for the Corporation. The communication dated 27.11.1995 issued by the Commissioner of Corporation in L. & E.D.C. No. LD/1/16174/61 reads thus:- "With reference to your letter cited, it is to be informed that the land in R. S. No, 5358 of V.O.C. Nagar, measuring 1 ground and 1884 sq. feet at Door No. 34, Sembudoss Street, Madras-1 is absolutely necessary for school purposes." That being so, we see no ground to Interfere with the order of the learned single Judge relating to the acquisition proceedings, which had become final long back. Hence, the writ appeal is rejected. The C.M.P. is also rejected. However, there shall be no order as to costs. Appeal dismissed.;