Madras High Court
A.G.Chandran vs The Commissioner And Secretary on 9 September, 2021
W.P.No.11764 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.11764 of 2012
and
M.P.No.1 of 2012
1. A.G.Chandran
2. A.G.Subramani
3. D.Jaya
4. D.Saravanan
5. D.Mohan Kumar ... Petitioners
Vs.
1. The Commissioner and Secretary,
Government of Tamil Nadu,
Housing and Urban Development Department,
Fort St.George,
Chennai – 600 009.
2. The Chairman,
Tamil Nadu Housing Board,
Nandanam,
Anna Salai,
Chennai – 600 035.
3. Tamil Nadu Housing Board,
Vellore Division,
Rep.by the Executive Engineer and
Administrative Officer,
Sathuvachari,
Vellore – 632 009.
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W.P.No.11764 of 2012
4. The Special Tahsildar (Land Acquisition),
For Tamil Nadu Housing Board,
Taluk Office,
Tirupattur,
Vellore District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a writ of Mandamus, directing the respondents herein to return and re-
vest the lands as detailed in the schedule herein namely:-
SCHEDULE
VILLAGE NAME TALUK NAME DISTRICT
Kondasamuthiram Gudiyattam Vellore
Names of the petitioners Survey No. Extent
(in Acres)
A.G.Chandran
A.G.Subramani 81/3A 2.45
D.Jaya
D.Saravanan
D.Mohan Kumar
(legal heirs of late
Gangaiah Naidu)
to the petitioners herein, since the same is not required for the usage of the
Tamil Nadu Housing Board in as much as it has no Scheme or funds to
construct any Housing Scheme over the lands.
For Petitioners : No Appearance
For Respondents : Mr.U.Baranidharan
Government Advocate (for R-1 & R-4)
: Mr.S.Vanchinathan
Standing Counsel (for R-2 & R-3)
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W.P.No.11764 of 2012
ORDER
This petition has been filed seeking to direct the respondents herein to
return and re-vest the lands as detailed in the schedule in the petition, to the
petitioners herein, since the same is not required for the usage of the Tamil
Nadu Housing Board in as much as it has no Scheme or funds to construct any
Housing Scheme over the lands.
2. The case of the petitioners is that the they owned the land comprised
in S.No.81/3A to an extent of 2.45 acres situated at Kondasamuthiram Village,
Gudiyattam, Vellore District. These lands were acquired for the Tamil Nadu
Housing Board by the fourth respondent herein by issuance of notification
under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to
as 'the Act', for short) dated 04.01.1988. The said 4(1) notification was
published in the Government Gazette, dated 30.10.1985. Thereafter, the
enquiry was conducted under Section 5(A) of the Act on 09.01.1986 and draft
declaration under Section 6 of the Act was made on 29.09.1986. After due
notice to the petitioners, the award-enquiry was conducted on 28.01.1988 and
the award was passed on 13.10.1988. The copy of the award duly served on the
petitioners and thereafter, the petitioners raised objections on 25.11.1988. The
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W.P.No.11764 of 2012
compensation was also duly received by the petitioners. Thereafter, the
petitioners sent a representation for re-conveyance of the lands under Section
48 of the Act for the reason that the subject lands are not utilized for long a
period for the purpose of which it was acquired. Therefore, the petitioners filed
this Writ Petition for direction to direct the respondents to re-convey the
subject lands to the petitioners.
3. The second and third respondents filed counter affidavit, from which
it reveals that the petitioners are the legal heirs of the original owner of the
land to an extent of 2.45 acres comprised in S.No.81/3A situated at
Kondasamuthiram Village, Gudiyattam, Vellore District. Thereafter, their
representation dated 02.01.2012 seeking re-conveyance of the subject lands
was considered and thereafter, the representations were rejected, by an order
dated 03.08.2012. In fact, the original land owner already challenged the
acquisition proceedings by way of Writ Petition in W.P.No.2300 of 2003 and
the same was dismissed. It was also challenged an appeal in W.A.No.170 of
2010 and the same was also dismissed by judgment dated 01.11.2010. Now,
the entire Housing Board Scheme has been completed and the lands were
allotted to the beneficiaries. Therefore, this Writ Petition is devoid of merits
and it is liable to be dismissed.
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W.P.No.11764 of 2012
4. Accordingly, this Writ Petition is dismissed. Consequently, the
connected Miscellaneous Petition is closed. No costs.
09.09.2021
Index : Yes / No
Speaking / Non Speaking order
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To
1. The Commissioner and Secretary,
Government of Tamil Nadu,
Housing and Urban Development Department,
Fort St.George,
Chennai – 600 009.
2. The Chairman,
Tamil Nadu Housing Board,
Nandanam,
Anna Salai,
Chennai – 600 035.
3. The Executive Engineer and
Administrative Officer,
Tamil Nadu Housing Board,
Vellore Division,
Sathuvachari,
Vellore – 632 009.
4. The Special Tahsildar (Land Acquisition),
For Tamil Nadu Housing Board,
Taluk Office,
Tirupattur, Vellore District.
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W.P.No.11764 of 2012
G.K.ILANTHIRAIYAN, J.
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W.P.No.11764 of 2012
09.09.2021
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