The High Court of Madras passed a judgment on 27 April 2023 stating that Once in the comprehensive title suit, the decree is passed against the appellants, thereafter, any further claim will be barred by res-judicata.It was stated in the case of N.Devarajan Vs. The Secretary to Government (WA.2175/2022) which was passed by the division bench comprising of HON’BLE MR.T.RAJA, ACTING CHIEF JUSTICE and the HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
FACTS OF THE CASE:
This Writ Appeal is directed against the order of the Learned Single Judge dated 27.06.2022 in W.P.No.24749 of 2018 in and by which the Writ Petition filed by the Appellants herein with the prayer to declare that the entire acquisition of the lands of the petitioners comprised in Old Revenue Survey No.40/5, New T.S. No.5/15, present T.S. No.5-B, Block 2022 No.14, Periyakudal Village, erstwhile Egmore-Nungambakkam Taluk, now Aminjikarai Taluk, ad-measuring 3881.306 sq. meters acquired under Award No.2/1953 dated 31.03.1953 and covered under possession certificate dated 09.04.1953 stand lapsed by operation of law as per Section 24(2) of the Right to Fair Compensation & Transparency in Acquisition, Rehabilitation and Resettlement Act and that respondents cannot interfere with the petitioners’ peaceful possession and enjoyment of the said property or its development, was dismissed.
JUDGEMENT OF THE CASE
An earlier Writ Petition is also filed by the first appellant, which is also dismissed by this Court. This apart, in further proceedings in Writ Appeal No.2210 of 2018, the very prayer with respect to the physical possession and non-payment of compensation, etc., under Section 24(2) has been specifically considered and has been refused. Therefore, this is only the repeated attempt of the petitioners to assert the same and when the substantial issue was one and the same, and was considered repeatedly, both in the ordinary, original civil jurisdiction by this Court in the extraordinary writ jurisdiction by this Court earlier and repeatedly the claims of the petitioners having been negated, we hold that the appellants’ claim cannot be acceded to. For all the above reasons, we are unable to find any error on the part of the Learned Single Judge in dismissing the Writ Petition filed by the appellants, and accordingly, this Writ Appeal is dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
