Madras High Court
M.Prasad vs State Of Tamil Nadu on 8 August, 2023
W.A.No.517 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2023
CORAM :
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.517 of 2018
M.Prasad .. Appellant
v.
1. State of Tamil Nadu
rep. by its Secretary to Government
Housing & Urban Development Department
Fort St.George
Chennai 600 009
2. The Tamil Nadu Housing Board
rep.by its Managing Director
Nandanam
Chennai 600 035 .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 25.08.2015 made in W.P.No.5899 of 2015.
For Appellant :: Mr.R.Dhineshkumar
(Vakalat returned)
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W.A.No.517 of 2018
For Respondents :: Mrs.R.L.Karthika
Government Advocate for R1
Mr.A.M.Ravindranath Jeyapaul
Standing Counsel for R2
JUDGMENT
(Judgment of the Court was made by D.KRISHNAKUMAR,J.)
This intra-Court appeal is directed against the order dated 25.08.2015
passed in Writ Petition No.5899 of 2015.
2. It may be mentioned herein that on account of certain defects,
Registry has returned the Vakalat filed by the learned counsel for the
appellant, however, he has entered appearance before this Court today. The
appellant filed the above writ petition contending that even though the
lands comprised in Survey Nos.579, 581/2, and 588 in Hosur Town,
Krishnagiri District, measuring an extent of 2.03.05 Hectares (1/4th share),
were acquired by the first respondent under the provisions of the Land
Acquisition Act, 1894 on 03.04.1991 for the purpose of housing scheme
development by the Tamil Nadu Housing Board, the said lands have not
been put into use and the same are kept vacant. Therefore, he made a
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W.A.No.517 of 2018
representation dated 12.12.2014 seeking for re-conveyance of the said
lands. Since his representation was not considered, he approached this Court
by filing the above writ petition seeking a direction to the respondents to re-
convey the lands in question.
3. The writ Court, based on the records produced by the respondents
showing that the compensation amount has been deposited and the second
respondent took possession of the lands on 29.08.1994; that the scheme was
also implemented in that area by plotting out residential plots and the layout
also got approval from the DTCP vide Approval No.278/96; that roads and
parks were handed over to the local body on 20.11.2004 and the same are
being maintained by the Hosur Municipality and that Flats, numbering 8,
and houses, numbering 7, were also constructed and allotted to the public,
dismissed the writ petition.
4. In the grounds of appeal before us, the appellant once again
reiterates that the lands in question are lying vacant as on date and therefore,
he is entitled for re-conveyance.
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W.A.No.517 of 2018
5. We do not find any substance in the said claim. The writ Court,
considering the fact that the compensation amount was deposited for the
lands in question and possession was also taken over by the second
respondent-Housing Board on 29.08.1994 and the scheme was also
implemented by plotting out the area into residential plots and the roads and
parks are being maintained by the Hosur Municipality and that 8 flats and 7
houses were also constructed and allotted to the public, has rightly
dismissed the writ petition based on the materials placed before it. In such
circumstances, finding no grounds or merits to interfere with the impugned
order, the writ appeal stands dismissed. For the above reasons,
C.M.P.No.4854 of 2018 is also dismissed. There shall be no order as to
costs.
(D.K.K.,J.) (P.B.B,J.)
Index : yes/no 08.08.2023
Neutral citation : yes/no
ss
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W.A.No.517 of 2018
To
1. The Secretary to Government
Housing and Urban Development Department
Fort St.George
Chennai 600 009
2. The Managing Director
Tamil Nadu Housing Board
Nandanam
Chennai 600 035
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W.A.No.517 of 2018
D.KRISHNAKUMAR,J.
AND
P.B.BALAJI,J.
ss
W.A.No.517 of 2018
08.08.2023
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