Madras High CourtWP(MD)/13088/2013dismissed

Immanuel Gladston Karkada, v. The State Of Tami Nadu,

2017-03-21Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2017 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Writ Petition(MD)No.13088 of 2013 and M.P(MD)No.1of 2013 Immanuel Gladston Karkada ... Petitioner Vs.

1.The State of Tamil Nadu represented by the Commissioner and Secretary to Government Urban and Housing Development Department, Fort St. George, Chennai.

2.The Special Tahsildar Madurai South Neighbourhood Scheme, Madurai.

3.The Chairman, Tamil Nadu Housing Board, Nandanam, Cheenai -600 035. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned letter in Letter No.5542/NI.A3(1)/2012 dated 23.11.2012 on the file of the Respondent No.1 and quash the same as illegal and consequently direct the Respondent's to re-convey the land in an extent of 0.56 acre in Survey No.13/2B3 in Thoppur village in Madurai District to the petitioner within the time stipulated by this Court. For Petitioner : Mr.Aswin Rajasimman for Mr.T.Lajapathi Roy For Respondents 1&2 : Mr.S.Kumar Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/ For 3rd Respondent : No Appearance

ORDER

Aggrieved by the rejection of the petitioner's request for reconveyance under Section 48(B) of the Land Acquisition Act, 1894, the petitioner is before this Court. It is now well settled by the decision of the Division Bench of this Court in 2015(7) MLJ 49 (Tamil Nadu Arasu Kooturavuthurai Paniyalargal Sangam Vs.M.R.Srinivasan and others) that the exercise of the power under Section 48(B) is solely within the discretion of the Government and there cannot be a judicial review of exercise of the said power. Therefore, the writ petition fails and the same is dismissed. However, it is open to the petitioner to challenge acquisition itself, in a manner known to law. No costs. Consequently, M.P(MD)No.1 of 2013 is closed.

Sd/- Assistant Registrar(Protocol) /True copy/ Sub Assistant Registrar To 1.The Commissioner and Secretary to State of Tamil Nadu Government Urban and Housing Development Department Fort St. George, Chennai.

2.The Special Tahsildar Madurai South Neighbourhood Scheme Madurai.

+1 cc to Special Government Pleader in SR.No. 16638 sms/vsg AE/SKN/RSK/SAR2/05.04.2017/2P/4C Writ Petition(MD)No.13088 of 2013 and M.P(MD)No.1of 2013 21.03.2017 https://hcservices.ecourts.gov.in/hcservices/