Manikandan Illango v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.28287 of 2024 1.Manikandan Illango 2.V.Savitha ... Petitioners vs.

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

2.The Tamil Nadu Housing Board, Rep by its, Chairman and Managing Director, Nandanam Channai-600 035.

3.The Executive Engineer and Administrative Officer, TNHB, Coimbatore Unit, Tatabad, Coimbatore-600 018.

4.The Special Tasildar (LA) and Land Acquisition Officer, Housing Scheme Unit-I, Tatabad Coimbatore-600 018.

5.V.Pappitha ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.12.2022. For Petitioners : Mr.C.Elamurugan 1/4

For R1 and R4 : Mr.D.Gopal Government Advocate For R2 and R3 : Mr.V.Gunasekar Standing Counsel (TNHB)

O R D E R

The petitioners herein seek a direction to the respondents to consider their representation dated 05.12.2022 seeking reconveyance of the land comprised in S.F.No.58 situated in Veerakeralam Village, Perur Taluk, Coimbatore District.

2. It is the case of the petitioners that they purchased the above mentioned land on 01.03.2021 from one V.Pappitha wife of Venugopal. The subject property was acquired by the 1st respondent and notification under Section 4(1) of the Land Acquisition Act 1894 was issued on 28.11.1981. The declaration under Section 6 of the Act was made on 22.11.1983. The award was passed on 23.09.1986. The petitioners purchased the property from the original owner only in the year 2021 nearly 35 years after Section 6 declaration. Therefore, the petitioners are not entitled to claim any interest in the property acquired by the Government in respect of which Section 6 declaration was issued as early as 22.11.1983. The petitioners cannot be 2/4

treated as persons having any interest in the land situated in S.F.No.58, this Court is not inclined to entertain the writ petition.

3. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, the connected writ miscellaneous petition is closed. 06.09.2024 Index : Yes/No Speaking order:Yes/No dm To 1.The Principal Secretary, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai-600 009. 2.The Chairman and Managing Director, Tamil Nadu Housing Board, Nandanam, Channai-600 035.

3.The Executive Engineer and Administrative Officer, TNHB, Coimbatore Unit, Tatabad, Coimbatore-600 018.

4.The Special Tasildar (LA) and Land Acquisition Officer, Housing Scheme Unit-I, Tatabad Coimbatore-600 018.

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S.SOUNTHAR, J.

dm 06.09.2024 4/4