Madras High CourtWP/157/2015disposed of

Tmt.Rajeswari Venkatesan v. The Commissioner And Secretary

2015-01-21Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2015

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY W.P.No.157 of 2015 Rajeswari Venkatesan [ PETITIONER ] Vs 1 The Commissioner and Secretary State of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai-9.

2 The Chairman cum Managing Director Tamil Nadu Housing Board, Nandanam, Chennai-35.

3 The Executive Engineer and Administrative Officer Salem Housing Unit, Tamil Nadu Housing Board Ayyanthirumaaligai, Salem-8.

4 The Special Tahsildar (Land Acquisition) Neighbourhood Scheme Salem Salem District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to consider and pass orders on petitioner representation dated 3.11.2014 accordance with law. For Petitioner :

Mr.V.Manoharan For Respondents :

Mr.R.M.Muthukumar, GA (R1& R4) Mr.R.V.Babu (R2&3)

ORDER

The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents to consider and pass orders on her representation dated 03.11.2014, in accordance with law.

2. According to the petitioner, the lands in Survey Nos.241/4, 241/6, 241/7 and 241/8 at Jakkir Amma Palayam Village,

Salem Taluk, Salem District were acquired by the respondents for the purpose of neighbourhood scheme.

3. The learned Government Advocate who took notice for the respondents 1 and 4 submitted that the lands were already acquired for the neighbourhood scheme and the lands are in possession of the respondents. Whileso, the petitioner has given a representation dated 03.11.2014 seeking for reconveyance of the lands.

4. According to the learned Government Advocate, as per the provisions of law and also as per the Judgment of the Hon'ble Apex Court, the petitioner is not entitled to get reconveyance of the lands.

5. Having regard to the submissions made by the learned counsel on either side, since the representation of the petitioner dated 03.11.2014 is pending with the respondents for a long time, I direct the respondents to dispose of the said representation dated 03.11.2014, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

With the above direction, the writ petition is disposed of . No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rg To 1 The Commissioner and Secretary State of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai-9.

2 The Chairman cum Managing Director Tamil Nadu Housing Board, Nandanam, Chennai-35.

3 The Executive Engineer and Administrative Officer Salem Housing Unit, Tamil Nadu Housing Board Ayyanthirumaaligai, Salem-8.

4 The Special Tahsildar (Land Acquisition) Neighbourhood Scheme Salem Salem District.

1 CC to Mr.V.Manoharan, Advocate SR.No. 3103 1 CC to the Government Pleader, SR.No. 3154 1 CC to Mr.R.V.Babu, Advocate SR.No. 3325 W.P.No.157 of 2015 MP (CO) PSI (06.02.2015)