S.Revathy, v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Revathy ... Petitioner Vs 1.The State of Tamil Nadu, represented by its Principal Secretary, Handlooms, Handicraft, Textiles and Khadi Department, Chennai.
2.The District Collector, Office of the District Collector, Madurai, Madurai District.
3.The Assistant Director of Handlooms & Textiles, Office of the Assistant Director of Handlooms & Textiles, Sellur, Madurai, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a writ of mandamus directing the 1st respondent to re-convey the lands in Survey Nos.41/5B, 41/2A2, 2B2 of Tirupprankundram Village, Madurai South Taluk, Madurai District to an extent of 48 cents belonging to the petitioner acquired by the 1st respondent in the year 1954 for Meenakshi Mill Labours Quarters by considering the 1/5
petitioners representation dated 12.07.2016 and in view of Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (30/2013) within the period that may be fixed by this Court.
For Petitioner : Mr.S.Muthukumar For Respondents : Mr.A.Kannan, Additional Government Pleader
ORDER
This writ petition is filed for a writ of mandamus for a direction to reconvey the lands in Survey Nos.41/5B, 41/2A2, 2B2 of Thirupparankundram Village, Madurai, which acquired by the 1st respondent in the year 1954 for construction of Meenakshi Mill Labours Quarters. 2.The grievance of the petitioner is that the lands in Survey Nos.41/5B, 41/2A2, 2B2 of Thirupparankundram Village, Madurai, were acquired by the 1st respondent in the year 1954 for construction of Meenakshi Mills Labours Quarters. However the said lands were not utilised by the government and lying idle and the Meenakshmi Mill also became defunct. The said lands were sold to one private 2/5
firm namely GHL. The petitioner has also relied on GO.MS.No.163, Handlooms, Handicrafts and Khadi (C2) department dated 1.11.2007, wherein similar such an issue was dealt with and the land was returned to the original owner. The said GHL company challenged this government order upto the Hon'ble Supreme Court, however, the government order was upheld by the Hon'ble Supreme Court. 3.Though this writ petition is filed in the year 2016, the respondents have not filed any counter affidavit in this petition refuting the averments made in this writ petition. Under such circumstances, this writ petition is disposed of with a direction to the petitioner to submit a fresh representation along with necessary documents within a period of four weeks from the date of receipt of a copy of this order, to the first respondent, who in turn shall consider the representation of the petitioner and pass necessary orders on merits in accordance with law within a period of four months therefrom. No costs.
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To 1.The Principal Secretary, Handlooms, Handicraft, Textiles and Khadi Department, Chennai.
2.The District Collector, Office of the District Collector, Madurai, Madurai District.
3.The Assistant Director of Handlooms & Textiles, Office of the Assistant Director of Handlooms & Textiles, Sellur, Madurai, Madurai District.
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B.PUGALENDHI, J.
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