Aamina Beevi v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Aamina Beevi ... Petitioner -vs1.The Chairman, Tamil Nadu Housing Board (TNHB), CMDA Complex, E and C Market Road, Koyambedu, Chennai - 600 107.

2.The District Collector, Ramanathapuram District.

3.Executive Engineer and Administrative Officer, (Ramanathapuram Housing Unit), K.T.M. Complex, Salai Street, Ramanathapuram - 623 501.

4.The Revenue Divisional Officer, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to re-convey the land or pass necessary orders releasing the land situated at Sy.No.331/6A and 331/7 to an extent of 1807 Square Feet (04.11 cents) at Pattinamkathan Village,

Ramanathapuram District from the notification of acquisition dated 15.08.1997 by the Revenue Divisional Officer, Ramanathapuram. For Petitioner : Mr.S.Ramesh For R1 and R3 : Mr.Sivakumar Standing Counsel For R2 and R4 : Mr.C.Venkatesh Kumar Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents herein to re-convey the land or pass necessary orders releasing the land situated at Sy.Nos.331/6A and 331/7 to an extent of 1807 Square Feet (04.11 cents) at Pattinamkathan Village, Ramanathapuram District, from the notification of acquisition dated 15.08.1997, by the Revenue Divisional Officer,

2. With the consent of both sides, this Writ Petition is taken up for final disposal, at the admission stage itself.

3. The petitioner submits that on 23.05.1997, her land was acquired by the Tamil Nadu Housing Board (TNHB) for the purpose of constructing a Community Villa. Accordingly, the petitioner was paid an initial compensation of Rs.11,005/- and no further compensation has been paid thereafter. Hence, the petitioner filed W.P.No.13129 of 2003, which was disposed of on 30.10.2003 with a direction to the concerned Revenue Divisional Officer to refer the matter to the competent Civil Court under Section 18 of the Land Acquisition Act, 1894. However, the said order has not been complied with by the concerned authority till now.

4. The petitioner further submits that the Tamil Nadu Housing Board has not utilized the subject property for the purpose for which it was acquired for the past 27 years. Now, the property has been promoted as house site plots and the TNHB has proposed to sell these plots at an approximate rate of Rs.5,00,000/- per cent. In this regard, the petitioner submitted a representation dated 13.03.2011 to the fourth respondent seeking retrieval and re-conveyance of the subject property. Since no action was taken, the petitioner sent another representation dated 10.12.2024. However, no action has been taken so far. Hence, the present writ petition.

5. The learned Special Government Pleader appearing for the respondents 2 and 4 submits that if the petitioner submits a fresh representation, detailing all her grievances, to the second respondent under Section 18 of the Land Acquisition Act, 1894, the same will be considered in accordance with law, within a time frame to be fixed by this Court.

6. Recording the above submissions, this Writ Petition is disposed of, with a direction to the petitioner to submit a fresh representation outlining all her grievances to the second respondent under Section 18 of the Land Acquisition Act, 1894, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the second respondent shall consider it on merits and pass appropriate orders in accordance with law, within six weeks thereafter. There shall be no order as to costs. NCC : Yes / No 02.04.2025 Index : Yes / No smn2

To:- 1.The Chairman, Tamil Nadu Housing Board (TNHB), CMDA Complex, E and C Market Road, Koyambedu, Chennai - 600 107.

2.The District Collector, Ramanathapuram District.

3.Executive Engineer and Administrative Officer, (Ramanathapuram Housing Unit), K.T.M. Complex, Salai Street, Ramanathapuram - 623 501.

4.The Revenue Divisional Officer,

VIVEK KUMAR SINGH , J.

smn2 02.04.2025