A. Rangammal v. The Secretary Housing &
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.A. Rangammal 2.A. Anjaneyan .....
Petitioners Vs 1.The Secretary, Housing & Urban Development Department, Fort St. George, Chennai -9.
2.The Chairman Tamilnadu Housing Board, Nandanam, Chennai -18.
.....
Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to re-convey to the petitioner the land comprised in Survey No. 114/3C measuring an extent of 63 acres Ayyamperumalpatti Village, Salem. For Petitioners : Mr.R.Gopinath for M/s.Mcgan Law Firm For R1 : Mr.G.Velu Additional Government Pleader For R2 : Mr.J.Pachiyappan
ORDER
This Writ Petition has been filed seeking a direction to the respondents to re-convey to the petitioner's land comprised in S.No.114/3C, admeasuring 63 acres, situated at Ayyamperumalpatti Village, Salem.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. It is seen that similarly placed writ petitions were already allowed by this Court in W.P.No. 44494 of 2006 and etc., batch, by an order dated 02.09.2025, wherein this Court held as follows : "6. On perusal of the additional grounds raised by the petitioners, it is revealed that though award was passed, no compensation has been paid so far and the physical possession of the subject lands has not been taken by the respondents. The possession and enjoyment of the subject lands continue with the petitioners. Therefore, the land acquisition proceedings have lapsed in view of Section 24(2) of New Act for the reason the twin conditions have not been satisfied by the respondents. It is settled law that if the above two conditions are not satisfied, the entire land acquisition proceedings are lapsed. Though the respondents stated that compensation amounts were deposited as per the awards, no notice as mandated under Section 12(2) of the
Land Acquisition Act has been issued to the respective petitioners. As such, the same cannot be considered as proper rendering of compensation amount. Therefore, the entire land acquisition proceedings have to be declared as lapsed."
4. In view of the aforesaid order passed by this Court, the petitioner is also entitled for the same relief. Therefore, the respondents are directed to re-convey the petitioner's land comprised in S.No.114/3C, admeasuring 63 acres, situated at Ayyamperumalpatti Village, Salem, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands allowed. There shall be no order as to costs.
17.09.2025 (2/2) Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp G.K.ILANTHIRAIYAN. J, Lpp
To 1.The Secretary, Housing & Urban Development Department, Fort St. George, Chennai -9.
2.The Chairman Tamilnadu Housing Board, Nandanam, Chennai -18.
(2/2) 17.09.2025