The Madras High Court dismissed a writ petition seeking reconveyance of acquired land under Section 48 B. The Court held that once possession was handed over to the Housing Board, the Government no longer had the power to entertain petitions for re-conveyance.
The Writ Petition was dismissed with no costs. The connected miscellaneous petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2021
CORAM
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
W.P. No. 16096 of 2011 and M.P.No.1 of 2011
1.T.Kannaki 2.Lakshmi ... Petitioners Vs
rep. by the Secretary to Government Housing and Urban Development,
Fort St. George, Chennai – 600 009.
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the entire records in respect of the order passed by the fourth respondent in Letter N.K.No.:LA 7/89 dated 02.05.2011, and quash the same consequently and direct the respondent to re-convey the land by invoking Section 48 B of land acquisition act in respect of property comprised in Survey No.490/3 with an extent of 1.82 acres at Kasipalayam Village, Erode Taluk, Erode Distrct.
For Petitioners : Mr. V.Kadhirvelu
For Respondents 1,2&4: Mr. M.Elumalai Additional Government Pleader
3 : Mr. M.Baskar Standing Counsel
O R D E R
This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus calling for the entire records in respect of the order passed by the fourth respondent in Letter Na.Ka.No.LA-7/89 dated 02.05.2011 and quash the same and direct the respondents to re-convey the land by invoking Section 48 B of Land Acquisition Act in respect of property comprised in Survey No.490/3 with an extent of 1.82 acres at Kasipalayam Village, Erode Taluk, Erode District.
petition cannot be faulted since the Revenue Divisional Officer cannot deal with a petition under Section 48 B of the Land Acquisition Act. After vesting of land with Housing Board by transfer, the petitioner cannot seek re-conveyance even from Government.
Sd/-
Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bkn To 1.The Secretary to Government Housing and Urban Development, Fort St. George, Chennai – 600 009. 2.The Deputy Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai – 600 035. 3.The Chairman & Managing Director, Tamilnadu Housing Board, Nandanam, Chennai – 600 035. 4.The Special Tahsildar (L.A.), In-charge Revenue Divisional Officer, Brough Road, Erode, Erode District. 5.The Executive Engineer, Tamilnadu Housing Board, Housing Board Complex, Erode – 9. +1cc to the Government Pleader Sr.5737 W.P. No. 16096 of 2011 pl[co] srg 17/03/2021
3 issues framed by the court
Whether the Revenue Divisional Officer could entertain a petition for re-conveyance of land under Section 48 B after possession was handed over to the requisition body.
Whether the impugned order rejecting the petition for re-conveyance of acquired land is sustainable.
Whether the Writ Petition for quashing the order and directing reconveyance has merit.
2 provisions across 2 enactments
T.Kannaki and Lakshmi
The State of Tamilnadu, rep. by the Secretary to Government Housing and Urban Development
The Deputy Secretary to Government, Housing and Urban Development Department
The Chairman & Managing Director, Tamilnadu Housing Board
The Special Tahsildar (L.A.)
The Executive Engineer, Tamilnadu Housing Board
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
