P.Sasikala v. The State Govt, Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:04.08.2015
CORAM
The Honourable MR. JUSTICE N.KIRUBAKARAN W.P.Nos.23569 to 23572 of 2015 P.Sasikala [ Petitioner in W.P.Nos.23569/15, Represented by her 23571 & 23572 of 2015] Power of Attorney M.Shanmugam S.Shakthivel Shanmugam [ Petitioner in W.P.No.23570/15 ] Represented by his Power of Attorney M.Shanmugam Vs 1 The State Government represented by its Secretary to Government Housing and Urban Development Department, Fort St. George Chennai - 9 2 The District Collector Collectorate Kanchipuram Kanachipuram Dt 3 The Tamil Nadu Housing Board Rep by its Managing Director Nandanam Chennai - 35 [ Respondents in all WPs ]
Writ Petitions filed under Article 226 of the Constitution of India directing the Respondents to release unutilized land bearing Plot No.14 an extent of 2125 Sq. feet plot comprised in Survey No. 369/3 Part subsequently sub divided as per Patta No.6802, Plot No. VIII an extent of 1732 Sq. feet plot comprised in Survey No. 362/2A Part and 363 / 1A part, Plot No. VII an extent of 1740 Sq. feet plot comprised in Survey No. 363/1A Part subsequently sub divided as per Patta No.6842 and Plot No. 28 an extent of 1650 Sq. feet plot comprised in Survey No. 369/3 and 369/4B Part subsequently sub divided as per Patta No.6802 respectively in Sholinganallur Village Tambaram Taluk Kanchipuram District as per new Act Section 24(2) of Right to Fair Compensation Transparency Act in Land acquisition Rehabilitation and Resettlement Act in 2013.
For Petitioners: Mr.G.Ranganathan For Respondents: Mr.V.Jayaprakash Narayanan, SGP (R1&2) Mr.B.Vivekavanan (R3) COMMON ORDER Mr.V.Jayaprakash Narayanan, learned Special Government Pleader takes notice for the respondents 1 and 2 and Mr.B.Vivekavanan, learned counsel takes notice for the third respondent.
2. The subsequent purchasers, after the conclusion of the proceedings initiated under the Land Acquisition Act, have approached this Court seeking to issue a writ of mandamus directing the respondents to release unutilized land bearing Plot No.14 an extent of 2125 Sq. ft. plot comprised in Survey No. 369/3 Part subsequently sub divided as per Patta No.6802, Plot No. VIII an extent of 1732 Sq. ft. plot comprised in Survey No. 362/2A Part and 363 / 1A part, Plot No. VII an extent of 1740 Sq.ft. plot comprised in Survey No. 363/1A Part subsequently sub divided as per Patta No.6842 and Plot No. 28 an extent of 1650 Sq.ft. plot comprised in Survey No. 369/3 and 369/4B Part subsequently sub divided as per Patta No.6802 respectively in Sholinganallur Village, Tambaram Taluk, Kanchipuram District, as per Section 24
(2) of the Right to Fair Compensation Transparency Act in Land acquisition Rehabilitation and Resettlement Act in 2013.
4. Heard Mr.G.Ranganathan, learned counsel for the petitioners, Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for R1 and R2 and Mr.B.Vivekavanan, learned counsel for R3.
5. It is an admitted fact that the petitioners are the subsequent purchasers. The acquisition proceedings were initiated as early as in 1990 and the acquisition proceedings were unsuccessfully challenged before this Court and attained finality before the Hon'ble Supreme Court. The compensation was also paid to the owners. When things stand so, now the petitioners having
purchased the properties in question subsequently on 22.09.2005, 28.09.2005, 31.10.2005 and 26.09.2005 respectively, have given representations on 07.08.2014 seeking to re-convey the properties in question stating that they are unutilized.
6. First of all, the petitioners have no locus-standi to file the writ petitions, since they are only the subsequent purchasers. Secondly, the land acquisition proceedings have already attained finality, possession was taken and compensation was also paid. Thirdly, there is no material produced before this Court to show that the properties in question are unutilized so as to invoke Section 24(2) of the Act. When the possession lies with the Tamil Nadu Housing Board for the public purpose, the present writ petitions have been filed only as a second thought to overcome the adverse orders passed in the writ petitions challenging the acquisition proceedings. The petitioners are not entitled for reconveyance as prayed for. Hence, the writ petitions fail and the same are dismissed. No costs.
Sd/- Assistant Registrar True Copy Sub Assistant Registrar rg To 1 The Secretary to Government Housing and Urban Development Department, Fort St. George Chennai - 9 2 The District Collector Collectorate Kanchipuram Kanachipuram Dt 3 The Managing Director The Tamil Nadu Housing Board Nandanam Chennai - 35 1 cc to Mr. G.Ranganathan, Advocate Sr.No.39982 1 cc to Mr.B.Vivekavanan , Advocate Sr.No.40085 1 cc to Government Pleader.Sr.No.40386 W.P.Nos.23569 to 23572 of 2015 scd(co) pmk.19.8.2015