Madras High Court
T.Kannaki vs The State Of Tamilnadu on 2 February, 2021
W.P.No 16096 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2021
CORAM
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
W.P. No. 16096 of 2011
and M.P.No.1 of 2011
1.T.Kannaki
2.Lakshmi ... Petitioners
Vs
1.The State of Tamilnadu,
rep. by the Secretary to Government Housing
and Urban Development,
Fort St. George,
Chennai – 600 009.
2.The Deputy Secretary to Government,
Housing and Urban Development Department,
Fort St. George,
Chennai – 600 035.
3.The Chairman & Managing Director,
Tamilnadu Housing Board,
Nandanam, Chennai – 600 035.
4.The Special Tahsildar (L.A.),
In-charge Revenue Divisional Officer,
Brough Road, Erode,
Erode District.
5.The Executive Engineer,
Tamilnadu Housing Board,
Housing Board Complex,
Erode – 9. .. Respondents
https://www.mhc.tn.gov.in/judis/
W.P.No 16096 of 2011
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Certiorarified Mandamus calling for the entire
records in respect of the order passed by the fourth respondent in Letter
N.K.No.:LA 7/89 dated 02.05.2011, and quash the same consequently and
direct the respondent to re-convey the land by invoking Section 48 B of land
acquisition act in respect of property comprised in Survey No.490/3 with an
extent of 1.82 acres at Kasipalayam Village, Erode Taluk, Erode Distrct.
For Petitioners : Mr. V.Kadhirvelu
For Respondents 1,2&4 : Mr. M.Elumalai
Additional Government Pleader
3 : Mr. M.Baskar
Standing Counsel
O RD E R
This Writ Petition has been filed for issuance of Writ of Certiorarified
Mandamus calling for the entire records in respect of the order passed by the
fourth respondent in Letter Na.Ka.No.LA-7/89 dated 02.05.2011 and quash the
same and direct the respondents to re-convey the land by invoking Section 48 B
of Land Acquisition Act in respect of property comprised in Survey No.490/3
with an extent of 1.82 acres at Kasipalayam Village, Erode Taluk, Erode
District.
https://www.mhc.tn.gov.in/judis/
W.P.No 16096 of 2011
2. From the records it is seen that representations dated 22.04.2011 were
given by the petitioners to the Government and others including the Revenue
Divisional Officer seeking re-conveyance. The Revenue Divisional Officer
rejected the representation of the petitioners seeking re-conveyance under
Section 48 B of the Land Acquisition Act. It is admitted that the land
acquisition proceeding was upheld in the earlier Writ Petition and the said
judgment become final. The petitioners have filed a Special Leave Petition
before the Hon'ble Supreme Court challenging the judgment and decree in the
Appeal Suit determining the quantum of compensation and it is pending. In
such circumstances, the request of the petitioners seeking exemption or re-
conveyance of the land under Section 48 B of the Land Acquisition Act was
rejected by Revenue Divisional Officer, on the ground that possession was
taken by Revenue long back and handed over to Tamil Nadu State Housing
Board.
3. Learned counsel appearing for the petitioner submitted before this
Court that possession was not taken and that therefore, the land can be re-
conveyed.
https://www.mhc.tn.gov.in/judis/
W.P.No 16096 of 2011
4. Once the acquisition proceeding is over, only the Government has the
power to re-convey the land if it is not required for any other public purpose. In
this case, the petitioner submitted a petition before the respondents after
possession was handed over to Housing Board, the requisition body. Such
representation cannot be entertained by Government after the land was handed
over to the requisition body. The order passed by the Revenue Divisional
Officer rejecting the petition cannot be faulted since the Revenue Divisional
Officer cannot deal with a petition under Section 48 B of the Land Acquisition
Act. After vesting of land with Housing Board by transfer, the petitioner cannot
seek re-conveyance even from Government.
5. This Court finds no merit in the Writ Petition and accordingly,
dismissed. No costs. Consequently, connected miscellaneous petition is closed.
02.02.2021
Index:Yes/No
Speaking order / Non speaking order
bkn
https://www.mhc.tn.gov.in/judis/
W.P.No 16096 of 2011
To
1.The Secretary to Government Housing
and Urban Development,
Fort St. George,
Chennai – 600 009.
2.The Deputy Secretary to Government,
Housing and Urban Development Department,
Fort St. George,
Chennai – 600 035.
3.The Special Tahsildar (L.A.),
In-charge Revenue Divisional Officer,
Brough Road, Erode,
Erode District.
4.The Executive Engineer,
Tamilnadu Housing Board,
Housing Board Complex,
Erode – 9.
https://www.mhc.tn.gov.in/judis/
W.P.No 16096 of 2011
S.S.SUNDAR. J.,
bkn
W.P. No. 16096 of 2011
02.02.2021
https://www.mhc.tn.gov.in/judis/
