Kuppammal v. The Secretary And Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 14607 of 2018

1. N.Kuppammal

2. T.Thangavelu

3. M.Murugammal

4. T.Rani

5. M.Santhanam

6. S.Mahalakshmi

7. E.Rasammal

8. D.Minnala

9. V.Lakshmi

10. E.Kesavan

11. S.Ellammal

12. S.Mahalakshmi

13. S.Senthilkumar

14. J.Kasthuri

15. B.Vasantha

16. E.Sundaram

17. E.Paramasivam

18. N.Kuppammal

19. K.Suseela

20. D.Thilagavathi

21. S.Amutha

22. K.Lakshmi

23. N.Venkatesan

24. S.Ravikumar

25. E.Dhanabakkiyam

26. A.Annammal

27. V.Kanniyammal

28. M.Meena

29. A.Shanmugam

30. A.Dhanapal

31. T.Padma

32. A.Paneer

33. R.Mahalakshmi

34. K.Nirmala

35. T.Kumaran ... Petitioners

Vs

1. The Secretary and Commissioner, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2. The Special Tahsildar, Land Acquisition, Maraimalai Nagar Scheme.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of MANDAMUS, directing the respondents to re-convey the land comprised in Survey Nos.10/1 to 10/9 having total extent of acre 1.66 cents at Ninakarai Village, Maramalai Nagar, Chenglepet Taluk within a stipulated period fixed by this Court by considering the petitioners representation dated 03.03.2018 and 08.05.2018. For Petitioner : Mr.R.Singaravelan, Sr.Advocate For Respondents : Mr.D.Raja, Addl. Government Pleader

O R D E R

This writ petition has been filed seeking for a direction to the respondents to re-convey the petitioners lands in Survey Nos.10/1 to 10/9 having total extent of Acre 1.66 cents at Ninakarai Vilage, Maraimalai Nagar, Chenglepet Taluk within a stipulated time.

2. According to the petitioners, their lands were acquired in the year 1977 and the award was also passed. Subsequent to that, the lands in question belonging to the petitioners were not taken possession and hence, the Land Acquisition proceedings initiated against the petitioners have been lapsed. Earlier, the Division Bench of this Court by an order dated 30.07.1998 directed the 2nd respondent to reconvey the lands in favour of the petitioners. In the said circumstances, the petitioners have sent a representation to the 1st respondent on 08.05.2018 seeking for re-conveyance. But, so far, no order has been passed in their representation. Hence, the present Writ Petition has been filed.

3. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that even though the petitioners have sent their representation for

reconveyance of their lands as early as on 08.05.2018, so far, no order has been passed and hence, suitable orders may be passed on merits.

4. On considering the submissions made by the learned Senior Counsel Mr.R.Singaravelan, without going into the merits of the case, the present Writ Petition is disposed of and the 1st respondent is directed to consider the petitioners representation and pass suitable orders on merits and in accordance with law after giving a reasonable opportunity to the petitioners within a period of twelve weeks from the date of receipt of the copy of this order.

5. With the above direction, the present Writ Petition stands disposed of. No costs.

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

1. The Secretary and Commissioner, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2. The Special Tahsildar, Land Acquisition, Maraimalai Nagar Scheme.

+2cc to Ms.S.Sujatha, Advocate Sr.61014 +1cc to the Government Pleader Sr.61234 W.P. 14607 of 2018 mp[co] srg 5/10/2018