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Madras High CourtWP/31899/2025dismissed

S.Philip v. The District Collector

2025-09-02Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 02.09.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY S.Philip ... Petitioner Vs.

1.The District Collector, Krishnagiri District, Krishnagiri.

2.The Principal Secretary/Commissioner Of Land Administration (FAC) and Commissioner of Survey and Settlement, Chepauk, Chennai - 600 005.

3.The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to return the unutilized lands acquired in S.No.800 Boganpalli Village, Krishnagiri 1/6

Taluk, Krishnagiri District.

For Petitioner : Mr.K.Rajasekaran For Respondents 1 to 3 : Mr.P.Ganesan, Government Advocate

ORDER

This writ petition has been filed to direct the respondents to return the unutilized lands acquired in S.No.800 Boganpalli Village, Krishnagiri Taluk, Krishnagiri District.

2. Mr.P.Ganesan, learned Government Advocate takes notice on behalf of the respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

3. Learned counsel for the petitioner submitted that the property comprised in Survey No.800, measuring an extent of 1 acre and 6 1/2 cents, situated at Boganapalli Village, Krishnagiri was purchased by the petitioner's mother on 02.02.1943. In the year 1966, the Government has acquired the above said lands for the purpose of constructing Police 2/6

Quarters. When the petitioner came to know that only a small extent of the lands were used for the aforesaid purpose, the petitioner sent a representation dated 10.01.2017 to the first respondent followed by legal notice dated 10.04.2017, seeking re-conveyance of the unutilized extent of above mentioned subject property. However, no order was passed. Hence, the petitioner has sent another representation dated 02.07.2025 and that was also not considered, as on date. Hence, the petitioner has come forward with the present writ petition.

4. Though many grounds have been raised in this writ petition, learned counsel for the petitioner further submitted that it would suffice, if this Court issues direction to the first respondent to consider the petitioner's representation dated 02.07.2025.

5. After getting written instruction, learned Government Advocate appearing for the respondents submitted that the land in S.No.800, measuring 2.13 Acre of Boganapalli Village in Krishnagiri Taluk was acquired in the year 1960 for the construction of Police Quarters of Krishnagiri Police Station. Accordingly, the residential quarters were 3/6

built in the said land and about 30 police personnels are residing there. The meagre extent of unutilised land is being used as vehicle parking and playground for the children, residing in the said quarters. Hence, he prays for appropriate orders.

6. Heard the learned counsel on either side and perused the materials available on record.

7. As rightly contended by the learned Government Advocate appearing for the respondents, out of 2.13 Acres of acquired land, residential quarters for police personnels were built and a compound wall has also been erected, surrounding the quarters. Further, the remaining part of the vacant land is being used as vehicle parking and playground for the children of the quarters. Therefore, the question of non-utilisation of land does not arise. Hence, this Court do not find any merits in this case and this writ petition is dismissed on devoid of merits. Accordingly, this writ petition stands dismissed. No costs. 4/6

02.09.2025 Speaking/Non-speaking order Index : Yes / No vm To 1.The District Collector, Krishnagiri District, Krishnagiri.

2.The Principal Secretary/Commissioner Of Land Administration (FAC) and Commissioner of Survey and Settlement, Chepauk, Chennai - 600 005.

3.The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

KRISHNAN RAMASAMY.J., vm 5/6

02.09.2025 6/6