S.Gopal, (Deceased) v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.15521 of 2013 and MP.No.1 of 2013 S.Gopal(deceased) 2.G.Bakkiyam 3.G.Prabhakaran 4.S.Thangamani 5.Vasantha 6.Thamilmani 7.Suseendran (P2 to 7 are substituted as LR's of deceased sole petitioner as per order dated 21.11.2019 made in WMP.No.32840 of 2019 in WP.No.15521 of 2013)
...Petitioners
Vs
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, Anna Salai, Chennai - 35
3. The Executive Engineer / Administrative Officer, Tamil Nadu Housing Board, Salem Housing Unit, Salem 636 008
...Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the entire records relating to the impugned order passed by the third respondent in his letter
No.LA1/7337/79 (WP.No.9483 of 1986) dated 09.04.2013 and quash the same and consequently direct the respondents to reconvey the petitioners land situated in S.Nos.82/2,3,4 and 5, Ayyamperumalpatti Village, Salem Taluk & District to the extent of 3.33 acres of land to the petitioner.
For Petitioners : Mr.C.Prakasam For Respondents For R1 : Mr.Richardson Wilson Government Advocate For R2 & 3: Mr.I.Sathish, Standing Counsel
ORDER
This Writ Petition is filed to issue a writ of certiorarified mandamus calling for the entire records relating to the impugned order passed by the third respondent in his letter No.LA1/7337/79 (WP.No.9483 of 1986) dated 09.04.2013 and quash the same and consequently direct the respondents to reconvey the petitioner's land situated in S.Nos.82/2,3,4 and 5, Ayyamperumalpatti Village, Salem Taluk & District to the extent of 3.33 acres of land to the petitioner.
2. The learned counsel for the petitioners would submit that the third respondent is not the competent authority to consider the representation of the petitioners for reconveyance of the land comprised in survey No.82/2,3,4 and 5 Ayyamperumalpatti Village, Salem Taluk & District under Section 48-B of the Land Acquisition Act.
3. There is no evidence to show that the first petitioner made representation to the first respondent or to the third respondent. However, now the Land Acquisition Act has been repealed by the new Act i.e. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by Act 30 of 2013. However, the provision under Section 101 under the new Act is available for return of unutilized land. Therefore, the petitioners are directed to submit new representation for reconveyance of the land under Section 101 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the first respondent herein within a period of two weeks from the date of receipt of copy of this order. On receipt of the same, the first respondent is directed to dispose of the said representation on merits and in accordance with law within a
period of twelve weeks thereafter.
4. With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.
Sd/- Assistant Registrar(CS-IV) // True Copy// Sub Assistant Registrar lok 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, Anna Salai, Chennai - 35.
3. The Executive Engineer / Administrative Officer, Tamil Nadu Housing Board, Salem Housing Unit, Salem 636 008.
+1cc to the Government Pleader, S.R.No.40375 WP.No.15521 of 2013 KSM(CO) SU(07/09/2021)