Mohamed Rabeek v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Mohamed Rabeek ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Tamil Nadu.

2.The Land Acquisition Officer & Thasildar, Kulathur Taluk, Pudukkottai District.

3.The Revenue Divisional Officer, Illuppur Revenue Division, Pudukkottai District.

4.State Express Transport Corporation Tamil Nadu Ltd., Head Office, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

5.Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., 27, Railway Station New Road, Kumbakonam - 612 001.

... Respondents [R5 is impleaded vide order of this Court dated 03.02.2026 in W.M.P.(MD) No.1519 of 2026] Page No. 1 of 6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents to reconvey the land in Survey Nos.446/18, 446/19, 446/20, Keeranur Village, Kulathur Taluk, Pudukkottai District, measuring 0.70.5 Hectares, to the petitioner and other legal heirs of late Dowlath Beevi, in terms of Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by disposing petitioner's representation dated 16.07.2025. For Petitioner : Mr.M.Rajesh For R1 to R3 : Mr.D.Sadiq Raja Additional Government Pleader For R4 & R5 : Mr.S.C.Herold Singh Standing Counsel

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to reconvey the land comprised in Survey Nos.446/18, 446/19 and 446/20, situated at Keeranur Village, Kulathur Taluk, Pudukkottai District, measuring 0.70.5 hectares, to the petitioner and the other legal heirs of late Dowlath Beevi, in terms of Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, by considering and disposing of the petitioner's representation dated 16.07.2025. Page No. 2 of 6

2. The grievance of the petitioner is that the properties in question, which belonged to the petitioner's mother, were acquired by the Government way back in the year 1988 for the purpose of construction of a bus depot. The petitioner challenged the acquisition proceedings before the Principal Bench of this Court in W.P.No.11382 of 1988, which was later dismissed on 22.10.1997.

3. The second respondent, vide a communication dated 23.07.1998, directed the petitioner's mother to receive the compensation amount. However, till date, neither the petitioner nor his mother has received the compensation, nor has the amount been deposited before the competent Civil Court as required under the Land Acquisition Act, 1894.

4. The petitioner's mother died on 08.07.2006. Till date, the petitioner and his family members are in possession and enjoyment of the properties in question, as the acquisition stands vitiated both on account of non-utilisation of the land for the intended purpose and non-payment of compensation.

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5. As per Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if the acquired land is not used for the purpose for which it was acquired within five years from the date of taking possession, the land shall be returned to the original owner or to the legal heirs. In the present case, more than three decades have lapsed. Therefore, the petitioner submitted a detailed representation dated 16.07.2025 before the respondents seeking reconveyance of the land. However, no action has been taken thereon. Hence, the petitioner has been constrained to file the present Writ Petition.

6. The learned Additional Government Pleader appearing for the first to third respondents would submit that the petitioner's representation dated 16.07.2025 would be considered and appropriate orders would be passed by the first to third respondents within a period of twelve weeks.

7. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the first to third respondents to consider the petitioner's representation dated 16.07.2025 and pass appropriate orders on its merits Page No. 4 of 6

and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The first to third respondents are also directed to provide a reasonable opportunity of hearing to the petitioner and any other interested parties who may be affected by such decision before passing any order. There shall be no order as to costs. [K.SURENDER, J.] 03.02.2026 JEN Index : Yes / No To 1.The District Collector, Pudukkottai District, Tamil Nadu.

2.The Land Acquisition Officer & Thasildar, Kulathur Taluk, Pudukkottai District.

3.The Revenue Divisional Officer, Illuppur Revenue Division, Pudukkottai District.

4.State Express Transport Corporation Tamil Nadu Ltd., Head Office, Thiruvalluvar House, Pallavan Salai, Chennai - 600 002.

5.Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., 27, Railway Station New Road, Kumbakonam - 612 001.

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K.SURENDER , J.

JEN 03.02.2026 (2/2) Page No. 6 of 6