S.Prakash v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2025 Coram The Honourable Mr.Justice Krishnan Ramasamy W.P.No.32567 of 2025 S.PRAKASH ..Petitioner Vs.
1 THE DISTRICT COLLECTOR COLLECTORATE RANIPET, RANIPET DISTRICT.
2 THE REVENUE DIVISIONAL OFFICER RANIPET DISTRICT, RANIPET.
3 THE SPECIAL TAHSILDAR, ADI DHIRAVIDA WELFARE (ADW) RANIPET DISTRICT.
..Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to consider the representation dated 10.12.2024 of the petitioner for reconveyance of the lands acquired by the Government (S.No. 238/3C (0.79 cents) and 238/3A (1.81 Acres) in Vanakkampadi Village, Arcot Taluk Ranipet district and pass.
For Petitioner : Mr.G.Punniakoti For Respondents : Mr.P.Ganesan Government Advocate Order 1/7
Heard Mr.G.Punniakoti, learned counsel appearing for the petitioner and Mr.P.Ganesan, learned Government Advocate, who takes notice on behalf of the respondents. With consent, the main Writ Petition is taken up for final disposal at the stage of admission itself.
2. The petitioner has filed this Writ Petition seeking for the following relief:- For issuance of a mandamus to the first respondent to consider the petitioner's representation dated 10.12.2024 for re-conveyance of the lands acquired by the Government.
3. Learned counsel for the petitioner would submit that the petitioner is the owner of the property, (morefully described in prayer portion of this order); that the said land was acquired by the Government under the Land Acquisition Act two decades back, however, the same was not utilized for the purpose, for which, it was acquired, hence, the petitioner made a representation dated 23.02.2017 to the District Collector, Vellore, requesting 2/7
him to re-convey the landed property, however, no action has been taken with regard to such representation, which necessitated the petitioner to file this Writ Petition seeking for aforesaid prayer.
4. The learned Government Advocate for respondents submitted that 4(1) Notification was issued on 20.07.1998, pursuant to which, lands were acquired, award was passed on 22.08.1998, and the compensation was also deposited into the account, therefore, the petitioner cannot, as a matter of right, claim any right over the property. It is further submitted that the Government also identified the land for allotment of free housesites to 50 applicants, and thus, the lands are going to be utilized for the purpose, for which, it were acquired. Therefore, the learned Government Advocate prays for dismissal of the Writ Petition.
5. I have given due considerations to the submissions made on either sides.
6. The grievance of the petitioner, by name, S.Prakash, is that the 3/7
petitioner's grandfather, viz., Kanna Gounder, in and by his last Will dated 12.03.1992, had bequeathed the landed properties in favour of the petitioner, at the time, when he was a minor by appointing his father, Mr.Sankar as his guardian. However, the land properties were acquired by the Government for the purpose of providing residential house-sites to the Adi Dravidars.
According to the petitioner, though such acquisition took place two decades back, since no progress has been made with regard to the aforesaid project and that apart, such land properties are fertile land, suitable for carrying out agricultural operations, however, owing to acquisition by the Government, those landed properties were fenced, the same could not be utilized for cultivation purpose, hence, the petitioner, who claims right over the properties by way of the aforesaid Will dated 12.03.1992 made a representation to the first respondent, District Collector, to remove the fence and to re-convey the landed properties. Since the petitioner has not been favoured with any response, the petitioner is before this Court by way of present Writ Petition.
6.1 However, this Court, taking into consideration of the submission 4/7
made by the learned Government Advocate for respondents that 4(1) Notification was issued on 20.07.1998, subsequently, lands were acquired, an award was passed on 22.08.1998, and the compensation was also deposited into the account, and that, though the project was halted for quite some time, now, the Government identified the lands for allotment of free house sites to 50 applicants, and thus, the lands are going to be utilized for the purpose, for which sake, it were acquired, is of the view that the petitioner cannot as a matter of right, claim any right over the property by virtue of the Will executed by his grandfather in his favour, for, execution of Will took place in the year 1992, which was much before acquisition made in the year 1998), and further, the question of re-conveyance of land also would not come into picture.
7. In the result, the Writ Petition is dismissed. No costs. 08.09.2025 sd Index : yes/no 5/7
To 1 THE DISTRICT COLLECTOR COLLECTORATE RANIPET, RANIPET DISTRICT.
2 THE REVENUE DIVISIONAL OFFICER RANIPET DISTRICT, RANIPET.
3 THE SPECIAL TAHSILDAR, ADI DHIRAVIDA WELFARE (ADW) RANIPET DISTRICT.
Krishnan Ramasamy,J., sd 6/7
W.P.No.32567 of 2025 08.09.2025 7/7