Madras High Court
S.Valliammai vs Secretary To Government Of Tamil Nadu on 22 April, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
WA.No.1240 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
WA.No.1240 of 2025
and
CMP.No.9405 of 2025
1. S.Valliammai
2. S.Eswari ... Appellants
Vs.
1. Secretary to Government of Tamil Nadu,
Housing & Urban Development Department,
Fort St. George, Chennai – 600 009.
2. The Chairman,
Tamil Nadu Housing Board,
493, Anna Salai,
Nandanam,
Chennai – 600 035.
3. The Special Tahsildar,
Tamil Nadu Housing Board,
Coimbatore Housing Unit,
Tatabad, Coimbatore. ... Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside
the order dated 18.11.2019 passed in W.P.No. 15974 of 2012 on the file of
this Court and allow the Writ Appeal.
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WA.No.1240 of 2025
For Appellant : Mr.T.N.Rajagopalan
For Respondents : Mr.Vadivelu Deenadayalan
Additional Government Pleader for R1
:Mr.M.Arunkumar, Standing Counsel
for R2 and R3
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)
Under assail is the order dated 18.11.2019 passed in W.P.No.15974 of
2012.
2. Admittedly, the subject property was acquired for public
purposes by the Government by issuing Notification under Section 4(1) of
the Land Acquisition Act vide G.O.Ms.No.47, Housing and Urban
Development Department dated 05.02.1992. The notification was published
in the Tamil Nadu Government Gazette on 16.04.1993. The declaration was
issued vide G.O.Ms.No.298 dated 15.04.1993 and was published in Tamil
Nadu Government Gazette on 16.04.1993. The process of acquisition
completed in all respects.
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3. Admittedly, the appellants are the subsequent purchasers who
purchased the acquired land in the year 2005. Thus, the sale itself become
void under the provisions of the Land Acquisition Act. That apart, after
completion of acquisition proceedings, the land absolutely vest with the
Government. The land acquired can be utilised for any public purposes.
Thus, the subsequent purchase of the acquired land by the appellants is void
ab initio and therefore, the appellants cannot seek any right.
4. The learned Counsel appearing on behalf of the appellants
would submit that the Government has issued certain schemes. Therefore, the
appellants may be permitted to submit a representation which is to be
considered by the Government.
5. Such a sympathetic approach in respect of land acquisition
proceedings would result in miscarriage of justice. Misplaced sympathy in
such matters cannot be shown by the High Court in writ proceedings. That
being the scope of judicial review under the Constitution, any such relief
would cause prejudice to the public interest.
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6. The learned single Judge has considered the issues and
dismissed the writ petition mainly on the ground that the subsequent
purchaser have no loco standi to challenge Section 4(1) notification issued in
the year 1992.
7. This Court do not find any infirmity in respect of the writ order
impugned and consequently, the Writ Appeal stands dismissed. No costs.
Connected miscellaneous petition is closed.
[S.M.S,J.] [K.R.S,J.]
22.04.2025
veda
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
To
1. Secretary to Government of Tamil Nadu,
Housing & Urban Development Department,
Fort St. George, Chennai – 600 009.
2. The Chairman,
Tamil Nadu Housing Board,
493, Anna Salai,
Nandanam,
Chennai – 600 035.
3. The Special Tahsildar,
Tamil Nadu Housing Board,
Coimbatore Housing Unit,
Tatabad, Coimbatore.
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S.M.SUBRAMANIAM,J.
AND
K.RAJASEKAR,J.
veda
22.04.2025
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