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Madras High CourtWP/12136/2004dismissed

M.Ramesh v. The State Of Tamilnadu

2017-09-19Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.12136 of 2004 and W.P.M.P.No.14183 of 2004 M.Ramesh .. Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Revenue Divisional Officer, Madurai.

2. Sree Meenakshi Mills Ltd., Pazhanganatham, Madurai.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to take immediate steps to take back the lands situated in R.S.No.41/5B extent 14 cents, R.S.No.41/5 extent 10 cents, R.S.No.41/6 extent 22 cents and R.S.No.41/2B extent 10 cents, totallilng 64 cents in Tiruparankundram Village, Madurai District in pursuant to order dated 21.06.1996 made in W.P.Nos.5311 and 5322 of 1986.

For Petitioner : Mr.P.T.S.Narendravasan For Respondents : Mr.Akhil Akbar Ali, Govt. Advocate for R-1 Mr.K.Balamurali for M/s.Shivakumaran and Suresh for R-2

ORDER

The petitioners have come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent to take immediate steps to take back the lands situated in R.S.No.41/5B extent 14 cents, R.S.No.41/5 extent 10 cents, R.S.No.41/6 extent 22 cents and R.S.No.41/2B extent 10 cents, totallilng 64 cents in Tiruparankundram Village, Madurai District in pursuant to order dated 21.06.1996 made in W.P.Nos.5311 and 5322 of 1986.

2. It is not in dispute that the lands in question have been https://hcservices.ecourts.gov.in/hcservices/

acquired for specific purpose and that with regard to the reconveyance of the lands, the issue had attained finality in Writ Appeal (MD).No.965 of 2015, by judgment dated 02.11.2015.

3. The learned Government Advocate appearing for the first respondent is unable to refute the contention that the land(s) were acquired by the Government for the specific purpose to allot it to the Mills, known as Sri Meenakshi Mills. Some of the petitioners have approached this Court, namely before the Madurai Bench of this Court and obtained favourable order in W.P.(MD).No.14245 of 2011, by order dated 05.12.2014, which was reversed by the Division Bench of the Madurai Bench in Writ Appeal (MD).No.965 of 2015, by judgment dated 02.11.2015. The petitioner herein is also a similarly placed person, and hence the relief sought for by the petitioner herein cannot be granted. Accordingly, this Writ Petition is dismissed. No costs. W.P.M.P. is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrarcs To The Revenue Divisional Officer, Madurai.

+1cc to Mr.Shiva Kumar, Advocate, S.R.No.69223 +1cc to the Government Pleader, S.R.No.69417 W.P.No.12136 of 2004 GMI(CO) GN(23/10/2017) https://hcservices.ecourts.gov.in/hcservices/