Land acquired in 1981 for a housing scheme; award passed in 1986 and possession taken in 1988 with compensation received by owner. Writ seeking re-conveyance was dismissed; the Division Bench found no ground to interfere and dismissed the appeal.
None; writ appeal dismissed with liberty to seek re-conveyance if lands remain unutilised. No costs.
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.
W.A.No.2296 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.2296 of 2024
V.Pappitha
.. Appellant
Vs
Coimbatore-600 035.
.. Respondents
Page 1 of 6
W.A.No.2296 of 2024
Prayer : Appeal under Clause 15 of the Letters Patent against the order dated 12.2.2024 made in W.P.No.3128 of 2024
| For the Appellant | : Mr.S.Mukunth Senior Counsel for M/s.Sarvabhauman Associates |
|---|---|
| For the Respondents | : Mr.A.Edwin Prabakar State Government Pleader for respondent No.1 |
| : Mr.M.Arun Kumar Standing Counsel for respondents 2 and 3 |
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
This intra-court appeal is filed questioning the correctness of
the order dated 12.2.2024 passed by the learned Single Judge in W.P.No.3128 of 2024.
appellant were acquired for the purpose of housing scheme. The said lands were not utilised for the purpose they were acquired. Seeking re-conveyance of the said lands, the appellant filed
Page 2 of 6
W.A.No.2296 of 2024
W.P.No.34278 of 2022. By order dated 21.12.2022, a learned Single Judge of this court directed the representation of the appellant to be considered within six weeks from the date of receipt of the said order. The respondent authorities rejected the request of the appellant by proceedings dated 28.3.2022. Assailing the same, the appellant filed the writ petition. As the said writ petition was dismissed, the present appeal is filed.
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W.A.No.2296 of 2024
in phases and still the project is under consideration and is not abandoned.
passed by the learned Single Judge.
Page 4 of 6
W.A.No.2296 of 2024
manner known to law, if the same remain unutilised. There shall be
no order as to costs.
(D.K.K., ACJ.) (P.B.B, J.)
19.08.2024 Index : Yes/No NC : Yes/No sasi
To
Page 5 of 6
W.A.No.2296 of 2024
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi)
W.A.No.2296 of 2024
19.08.2024
_____________ Page 6 of 6_
1 issue framed by the court
Whether the learned Single Judge's dismissal of the writ petition seeking re-conveyance of acquired but allegedly unutilised lands warranted interference.
V.Pappitha
The Government of Tamil Nadu, rep. by its Secretary to Government, Housing & Urban Development Dept.
The Tamil Nadu Housing Board, rep. by its Chairman & Managing Director
The Executive Engineer & Administrative Officer, TNHB, Coimbatore Unit
The Special Tahsildar (LA) & Land Acquisition Officer, Housing Scheme Unit – I Tatabad, Coimbatore
D.Krishnakumar
P.B.Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
