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Madras High CourtWA/2658/2024dismissed

M.Mahesh v. The Secretary

2025-02-26Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. M.Mahesh 2.L. Sathishkumar 3.L. Deepak 4.R. Hemawathi 5.R. Sai Sudha 6.R. Manickam 7.M. Anand 8.M. Dayalan 9.R. Balakrishnan 10.B. Nirmala 11.B. Durgabai D/o. B. Loganayagi (Grand Daughter of G. Narayanareddy, All are Residing at No.7/31, Police Office Road, St. Thomas Mount,

Chennai - 600 016.

Rep. by their Power Agents Mr.S.Ramesh, S/o.Shanmugam, No.25, Sairam Street, Panneer Nagar, Mugappair, Chennai - 037. and C. Dakshinamoorthy, S/o. Chakkaravarthy, Old No.9/1, New No.21, Vasudeva Street, Perambur, Chennai - 011.

Appellant(s) Vs 1.The Secretary Industries Department, Tamil Government, 9th Floor, Secretariat, Chennai - 600 009.

2.The District Collector Rajaji Salai, Fourth Floor, No.62, Beach Road, George Town, Chennai - 600 001.

Respondent(s) PRAYER To allow the Writ Appeal and thereby to set aside the order made in WP No.10085 of 2024 dated 15.04.2024 passed by this Court.

For Appellant(s):

Mrs.K.Indumathy For Respondent(s):

Mr.J.Ravindran AAG Assisted by Mr.Vadivelu Deenadalayan AGP

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The writ appeal has been instituted challenging the writ order dated 15.04.2024 in W.P.No.10085 of 2024.

2. The unsuccessful writ petitioners are the appellants before this Court. The relief sought for in the writ petition is to direct the respondents to consider the representation submitted by the petitioners/appellants on 18.010.2023 to reconvey the unutilised land measuring to an extent of 8.25 acres, comprised of Survey Nos.141/1A (3.41 acres) and 141/2A (4.84 acres) situated at Nandambakkam Village, Alandur Taluk, Chennai in favour of the appellants.

3. The learned Single Judge observed in paragraph 5 that the land was acquired in the year 1962 and the same remained unutilised. However, when the

land has been acquired and compensation amount had been paid to the erstwhile landowner, the appellants cannot seek a direction to reconsider the representation to re-convey the acquired land after such a prolonged period.

4. Once the land is acquired, it absolutely vests with the Government and the same can be utilised for any public purpose. That being so, we do not find any infirmity in the order impugned. Accordingly, the impugned writ order dated 15.04.2024 passed in W.P.No.10085 of 2024 stands confirmed. Consequently, the Writ Appeal is dismissed. There shall be no order as to costs. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 26-02-2025 Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Secretary Industries Department, Tamil Government, 9th Floor, Secretariat, Chennai - 009.

2.The District Collector Rajaji Salai, Fourth Floor, No.62, Beach Road, George Town, Chennai - 001.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

Jeni 26-02-2025