S.Ramakrishnan vs The Sub Collector
2023 Latest Caselaw 14221 Mad

                                                                            W.P.(MD).No.16825 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 07.11.2023

                                                     CORAM:

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                            W.P.(MD).No.16825 of 2021


                     S.Ramakrishnan                                                ... Petitioner

                                                        Vs.


                     1.The Sub Collector,
                       Paramakudi,
                       Ramanathapuram District.

                     2.The Executive Engineer and
                       Administrative Officer,
                       Ramanathapuram Housing Unit,
                       Tamil Nadu Housing Board,
                       Ramanathapuram,
                       Ramanathapuram District.                                ... Respondents

                     Prayer: Writ petition is filed under Article 226 of the Constitution of
                     India, for the issuance of Writ of Mandamus, directing the respondents
                     herein to reconvey the petitioner's land comprised Survey No.536/9B
                     measuring an extent of 42.5 cents situated at Sunthanenthal Village,
                     Kamuthakudi Group, Paramakudi Taluk, Ramanathapuram District,
                     having patta No.1232 by considering the petitioner's representation dated
                     29.07.2021 within the time stipulated by this Court.



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https://www.mhc.tn.gov.in/judis
                                                                                 W.P.(MD).No.16825 of 2021


                                         For Petitioner    : Mr.A.R.Kannappan

                                        For Respondents : Mr.K.S.Selvaganesan
                                                          Additional Government Pleader

                                                            ORDER

This Writ Petition has been filed for issuance of a writ of

Mandamus directing the respondents to reconvey the land belonging to

the petitioner by considering the representation, dated 29.07.2021.

2. Heard the learned counsel appearing for the petitioner and the

learned Additional Government Pleader appearing for the respondents.

3. It is seen from the records that the acquisition proceedings had

taken place in the year 1994 and the compensation amount was also paid

to the petitioner. According to the petitioner, the lands have not been put

to use by the Housing Board and therefore, the petitioner has sought for

re-conveyance of the land under Section 48(B) of the Land Acquisition

Act, 1894.

4. In the considered view of this Court, the land has already vested

with the Housing Board and therefore, the Government has lost its right

https://www.mhc.tn.gov.in/judis W.P.(MD).No.16825 of 2021

to consider the reconveyance under Section 48B of the said Act, once the

land is handed over to the Housing Board, unless the Government has

forfeited the land as provided under 16B of the said Act and has taken

back the possession. Useful reference can be made to the judgment of the

Hon'ble Division Bench of this Court in the case of the Managing

Director, Tamil Nadu Housing Board, Chennai-600 035 vs.

S.Gajendran and another, reported in (2010) 3 MLJ 643.

5. In view of the above, the relief sought for by the petitioner

cannot be granted by this Court.

6. Accordingly, this Writ Petition is dismissed. There shall be no

order as to costs.

07.11.2023 Index :Yes/No Internet : Yes/No ssb

https://www.mhc.tn.gov.in/judis W.P.(MD).No.16825 of 2021

To

1.The Sub Collector, Paramakudi, Ramanathapuram District.

2.The Executive Engineer and Administrative Officer, Ramanathapuram Housing Unit, Tamil Nadu Housing Board, Ramanathapuram, Ramanathapuram District.

https://www.mhc.tn.gov.in/judis W.P.(MD).No.16825 of 2021

N.ANAND VENKATESH.J.,

ssb

Order made in W.P.(MD).No.16825 of 2021

Dated :

07.11.2023

https://www.mhc.tn.gov.in/judis