Madras High Court
S.Palanisamy vs The Government Of Tamil Nadu on 17 November, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
W.A. No.2298 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.A. No.2298 of 2022
and
C.M.P. No.17534 of 2022
1.S.Palanisamy
2.S.Chinnasami
3.S.Devaraj
4.Savithri
5.Arun Karthik
6.Vasanth Karthik ... Appellants
Vs.
1.The Government of Tamil Nadu
rep. by its Secretary,
Department of Urban Development,
Fort St. George, Chennai – 600 009.
2.The Chairman and Managing Director,
Tamil Nadu Housing Board,
Nandanam, Chennai – 600 034.
3.The Special Tahsildar (Land Acquisition),
Housing Scheme No.II,
Coimbatore – 641 018. ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 19.09.2022 passed in W.P.No.19006 of 2018.
Page 1 of 5
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W.A. No.2298 of 2022
For Appellants : Mr.S.Thangavel
for Mr.P.K.Rajagopal
For Respondents : Ms.Akila Rajendran,
Government Advocate for R1 and R3
Mr.M.Arun Kumar,
Standing Counsel for R2
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Intra-Court appeal on hand has been instituted to assail writ order dated
19.09.2022 in W.P.No.19006 of 2018.
2. Writ petitioners are the appellants. Writ petition has been instituted to
declare the acquired land as lapsed under Section 24(2) of Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (30 of 2013).
3. Section 4(1) Notification was issued on 03.05.1991. Section 5(A)
enquiry was conducted by Land Acquisition Officer by following the procedures
and by conducting enquiry on 18.12.1991, 03.01.1992 and 06.01.1992.
Section 6 declaration was issued on 04.06.1992 in G.O.Ms.No.288 Housing
and Urban Development Department dated 09.06.1992. Award No.10 of 1994
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was passed on 02.06.1994. Section 12(2) notice was received by legal heirs
by affixing the signature on behalf of Thiru.Subbanna Gounder (erstwhile land
owner). On 02.08.2001, Thiru.Subbanna Gounder being father of appellants 1
to 4 and grandfather of appellants 5 and 6 filed W.P.No.9682 of 1994
challenging the land acquisition proceedings and the writ petition was
dismissed by this Court on 02.08.2001. Possession of subject land along with
other lands were handed over by Tahsildar, Land Acquisition to the Tamil Nadu
Housing Board on 07.09.2007. Thereafter, W.P.No.8005 of 2012 was filed by
Mr.S.Palanisamy and others (legal heirs of Thiru.Subbanna Gounder) to
dispose of the representation submitted under Section 48(b) of the Land
Acquisition Act. The Government rejected the claim for reconveyance of the
acquired land vide proceedings dated 31.08.2012. The rejection order came to
be challenged in W.P.No.32922 of 2012 and the said writ petition was
disposed of by upholding the rejection order of the Government dated
31.08.2012. Again, W.P.No.16840 of 2016 was filed by Mr.S.Palanisamy and
others (legal heirs of Thiru.Subbanna Gounder) to consider the representation.
Once again, said representation was rejected by the Government for
reconveyance of the acquired lands. Therefore, it is apparently clear that the
request made by the legal heirs of the erstwhile land owners was rejected by
the Government twice.
4. Writ Court also made a finding that the claim of the erstwhile land
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owners to reconvey the land was rejected twice. That apart, in paragraph
Nos.23 and 24 of the judgment, writ Court made a finding that possession was
taken and the compensation was deposited since the land owners refused to
receive the compensation. This being the factual position elaborately
adjudicated by the writ Court, appellants are not entitled to secure relief under
Section 24(2) of Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).
Consequently, writ appeal stands dismissed. Connected miscellaneous
petition is closed. There shall be no order as to costs.
[S.M.S., J.] [M.S.Q., J.]
17.11.2025
Index:Yes/No
Neutral Citation:Yes/No
mmi
To
1.The Secretary to Government,
Department of Urban Development,
Fort St. George, Chennai – 600 009.
2.The Chairman and Managing Director,
Tamil Nadu Housing Board,
Nandanam, Chennai – 600 034.
3.The Special Tahsildar (Land Acquisition),
Housing Scheme No.II,
Coimbatore – 641 018.
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S.M.SUBRAMANIAM, J.
AND
MOHAMMED SHAFFIQ, J.
mmi
17.11.2025
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