N.Saraswathi v. The Special Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.11307 OF 2022 AND W.M.P.NO.10857 OF 2022 N.Saraswathi ... Petitioner vs.

1. The Special Thasildar, Land Acquisition Revenue Officer, Housing Scheme, Coimbatore - 641 019.

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Coimbatore - 600 035.

3. The Thasildar, Coimbatore North Taluk, Coimbatore - 641 029.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent to release the petitioner land bearing Survey No.296/5A to an extent of 68.05 cents situated at Kalapatti Village, Coimbatore North Taluk from Land Acquisition as ordered in W.A.No.422 to 499 of 2011 on the file of this Hon'ble Court. For Petitioner : Mr.B.Nedunchezhiyan For Respondents : Mr.V.Veluchamy Additional Government Pleader

ORDER

This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the third respondent to release the petitioner's land bearing Survey No.296/5A, of an extent of

68.05 cents, situated at Kalapatti Village, Coimbatore North Taluk from Land Acquisition, as ordered in W.A.No.422 to 429 of 2011 etc., batch, dated 14.09.2011 on the file of this Court.

2. The case of the petitioner is that she purchased the above mentioned property of an extent of 68.05 cents situated in the said Village from one Padmavathi and Renuka Devi and others vide Sale Deed, dated 16.07.1991. Thereafter, she is in possession and enjoyment of the said property. Thereafter, Patta was also issued in favour of the petitioner. Thereafter, without issuing any notice to the petitioner, the petitioner's property was acquired by the Government [Housing and Urban Development Department Fort to St.George, Chennai - 9], vide G.O.Ms.No.190, Housing and Urban Development Department dated 25.02.1994. Further, the Declaration under Section 6 of the Land Acquisition Act, had been published on 19.07.1995. While so, the neighbouring owners filed a Writ Petition before this Court in W.P.No.324 of 1999.

This Court vide order dated 22.03.1999, allowed the said Writ Petition by quashing the land acquisition proceedings, as against which, the State Government preferred a Writ Appeal before this Court in W.A.No.422 to 429 of 2011 etc., batch. This Court vide Judgment dated 14.09.2011, dismissed the said Appeal. Thereafter, the respondents had released the acquired lands to the land owners. Since the same is applicable to the petitioner's land also, in order to remove the caption "Government land" in the Revenue Records, in respect of the petitioner's land, she has made a representation dated 10.04.2017. Since the same has evoked no response from the respondents, the petitioner has filed the present Writ Petition seeking the aforesaid relief.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 10.04.2017, in the light of order of this Court dated 22.03.1999 in W.P.No.324 of 1999 and pass orders on merits within a particular time frame that may be fixed by this Court.

4. The learned Additional Government Pleader appearing for respondents has no objection for said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Facts in the present case are not in dispute. Admittedly, the petitioner's land was acquired by the Government, [Housing and Urban Development Department] vide G.O.Ms.No.190, Housing and Urban Development Department, dated 25.02.1994. After the

said acquisition proceedings, the land was handed over to the Housing Board and the Revenue Records stand in the name of the Government. While so, petitioner has made representation before the respondents to register the name of the petitioner in the Revenue Records and to re-convey the petitioner's land from the land acquisition proceedings. However, till date the petitioner has not challenged the land acquisition proceedings in the manner known to law. Without challenging the said land acquisition proceedings, the petitioner has filed this Writ Petition seeking for aforesaid relief is not sustainable in law. Accordingly the prayer sought for by the petitioner cannot be granted.

7. In view of the above, this Writ Petition is dismissed with a liberty to the petitioner to work out her remedy in the manner known to law. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rap To

1. The Special Thasildar, Land Acquisition Revenue Officer, Housing Scheme, Coimbatore - 641 019.

2. The Managing Director, Tamil Nadu Housing Board, Nandanam, Coimbatore - 600 035.

3. The Thasildar, Coimbatore North Taluk, Coimbatore - 641 029.

+1cc to Mr.B.Nedunchezhiyan, Advocate, S.R.No.30778 +1cc to the Government Pleader, S.R.No.31020 W.P.No.11307 of 2022 RK(CO) RLP(01/06/2022)