T.K.Appachi v. the Government of Tamilnadu
Case brief
What is this about?
A writ petition challenging the first respondent's order rejecting a request for land reconveyance under Section 48-B of the Land Acquisition Act. The Court suspended the decision, directing the petitioner to submit a fresh representation on the land's current status and directing the authority to inspect and decide within eight weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CAV ON 23/12/2014
DATED:08/01/2016
CORAM
THE HONOURABLE MR.JUSTICE C.S.KARNAN
W.P.No.22944 of 2011
and
M.P.No.2 of 2011
and
M.P.No.1 of 2014
T.K.Appachi ..Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by its Secretary,
Industries Department,
Fort St. George,
Chennai - 600 009.
2.The Revenue Divisional Officer,
Erode, Erode District.
3.The Managing Director,
SIDCO, Guindy, Chennai.
4.The Branch Manager,
SIDCO, Chennimalai Road,
Erode.
5.The Tahsildar,
Avinashi, Avinashi Taluk,
Tiruppur District.
6.The Revenue Divisional Officer,
Tiruppur, Tiruppur District.
7.The Tahsildar,
Avinashi, Tiruppur District. ..Respondents
(R6 & R7 - Impleaded as per order
dated 15.11.2011 by this Court in
MP.Nos.3, 3 & 4 of 2011 in
WP.Nos.22943 to 22945 of 2011)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorarified Mandamus, calling for the entire records of the first respondent in his Letter No.26/Kuru.Siru(M)Na.Tho.Ni(C) Department dated 25.08.2011 and Quash the same in so far relates to petitioner is concerned, consequently direct the respondents to re-convey the lands made under section 48-B of Land Acquisition Act situated in S.Nos.129/1, 129/2, 132 and 138/5, 7 of Vadamugam Kangayampalayam Village, Avinashi Taluk, Tiruppur District.
Issues for consideration
3 issues framed by the court
Whether the competent authority is justified in rejecting a representation for reconveyance of land acquired under Section 48-B of the Land Acquisition Act.
Who is the competent authority empowered to pass orders under Section 48-B of the Land Acquisition Act.
Whether the petitioner is entitled to relief given the current status of the acquired land.
Parties & counsel
- petitioner
T.K. Appachi
- respondent
Government of Tamil Nadu
- respondent
Revenue Divisional Officer, Erode
- respondent
Managing Director, SIDCO
- respondent
Branch Manager, SIDCO
- respondent
Case details
As recorded by the court registry
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