Madras High Court
V.Pappitha vs The Government Of Tamil Nadu on 19 August, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.2296 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.2296 of 2024
V.Pappitha .. Appellant
Vs
1.The Government of Tamil Nadu,
rep. by its Secretary to Government,
Housing & Urban Development Dept.,
Fort St. George, Chennai-9.
2.The Tamil Nadu Housing Board,
rep. by its Chairman & Managing Director,
Nandanam, Anna Salai,
Chennai-35.
3.The Executive Engineer &
Administrative Officer,
TNHB, Coimbatore Unit,
Tatabad,
Coimbatore-600 035.
4.The Special Tahsildar (LA) &
Land Acquisition Officer,
Housing Scheme Unit – I Tatabad,
Coimbatore. .. Respondents
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W.A.No.2296 of 2024
Prayer : Appeal under Clause 15 of the Letters Patent against the
order dated 12.2.2024 made in W.P.No.3128 of 2024
For the Appellant : Mr.S.Mukunth
Senior Counsel
for M/s.Sarvabhauman Associates
For the Respondents : Mr.A.Edwin Prabakar
State Government Pleader
for respondent No.1
: Mr.M.Arun Kumar
Standing Counsel
for respondents 2 and 3
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This intra-court appeal is filed questioning the correctness of
the order dated 12.2.2024 passed by the learned Single Judge in
W.P.No.3128 of 2024.
2. The facts in a nutshell are as follows: The lands of the
appellant were acquired for the purpose of housing scheme. The
said lands were not utilised for the purpose they were acquired.
Seeking re-conveyance of the said lands, the appellant filed
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W.P.No.34278 of 2022. By order dated 21.12.2022, a learned
Single Judge of this court directed the representation of the
appellant to be considered within six weeks from the date of receipt
of the said order. The respondent authorities rejected the request
of the appellant by proceedings dated 28.3.2022. Assailing the
same, the appellant filed the writ petition. As the said writ petition
was dismissed, the present appeal is filed.
3. Learned Senior Counsel appearing on behalf of the
appellant submitted that the appellant is in possession of the
property till date and she is also paying property tax in respect of
the said property and, therefore, the claim of the respondents that
they are in possession does not hold water.
4. Learned State Government Pleader submitted that the
acquisition proceedings were initiated in the year 1981 and the
award was passed in the year 1986. The award amount was
deposited into court on 29.3.1988. The possession was taken by
the government on 21.11.1988. The scheme is being implemented
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in phases and still the project is under consideration and is not
abandoned.
5. Heard learned counsel on either side and perused the order
passed by the learned Single Judge.
6. The learned Single Judge after considering the rival
submissions observed that subsequent to the passing of the award,
the amount was paid and the appellant had also received the same
and the possession vests with the government. It was further
observed that the government has not given up the project, nor
abandoned it. Moreover, the factum of receipt of the compensation
amount is not disputed by learned Senior Counsel for the appellant.
In our considered opinion, the finding arrived at by the learned
Single Judge does not warrant interference.
7. For the foregoing reasons, the writ appeal is dismissed.
However, the dismissal of the appeal shall, in future, does not
preclude the appellant from seeking re-conveyance of lands in the
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manner known to law, if the same remain unutilised. There shall be
no order as to costs.
(D.K.K., ACJ.) (P.B.B, J.)
19.08.2024
Index : Yes/No
NC : Yes/No
sasi
To
1.The Secretary to Government,
Government of Tamil Nadu,
Housing & Urban Development Dept.,
Fort St. George, Chennai-9.
2.The Chairman & Managing Director,
Tamil Nadu Housing Board,
Nandanam, Anna Salai,
Chennai-35.
3.The Executive Engineer &
Administrative Officer,
TNHB, Coimbatore Unit,
Tatabad,
Coimbatore-600 035.
4.The Special Tahsildar (LA) &
Land Acquisition Officer,
Housing Scheme Unit – I Tatabad,
Coimbatore.
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THE HON'BLE ACTING CHIEF JUSTICE
AND
P.B.BALAJI, J.
(sasi)
19.08.2024
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