Challenging the said rejection order, the petitioner has filed another writ petition in W.P.No.8734 of 2007. This Court, by its order dated, 19.08.2009 stating that the petitioner seeks for re-conveyance of the land as per Section 48-B of the Land Acquisition Act. The request for re-conveyance of the land would arise only if the land has not been utilized. Furthermore, the Housing Board has also executed a sale deed dated 07.02.2007 in respect of the said land, in favour of the fourth respondent. The request of re-convey of the land in her name was rejected. But, the issue involved in this case is that whether the Housing Board, while alienating the property in favour of the 5th respondent, has followed the procedure contemplated under Section 72 of the Tamil Nadu Housing Board Act, 1961 or not. The learned counsel for the respondent board has also confirmed that the procedure contemplated under Section 72 of the said Act is not followed by the respondents while alienating the property to the 5th respondent. For better appreciation, the relevant provision Section 72 of the Tamil Nadu State Housing Board Act, 1961, is extracted here under:
