G.Sivanandam Vs the Government of Tamilnadu — Land Acquisition | Madras HC (2025)

G.Sivanandam Vs the Government of Tamilnadu — Land Acquisition | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the appellants established any legal right entitling them to re-conveyance of the land acquired pursuant to the 1975-1981 acquisition proceedings, at this length of time and after the acquired land was utilised by the Government for public projects.

Court's answer

Since the acquired land had already been utilised by the Government and public projects have been implemented on it, the claim of the writ petitioner at this length of time was rightly rejected by the Writ Court, the appellants not having established a semblance of legal right to consider their claim.

Detailed headnote1 paragraphs

Writ Appeal (WA No. 2553 of 2023, printed identifier 2025:MHC:2684) decided on 06-11-2025 by the High Court of Judicature at Madras (S.M. Subramaniam and Mohammed Shaffiq JJ.; judgment by S.M. Subramaniam J.), filed under Clause 15 of Letters Patent against the Learned Single Judge's order dated 06.12.2021 in WP.No.6130 of 2018. The land of the appellant G.Sivanandam was acquired under the Land Acquisition Act, 1984 (Section 4(1) notification dated 12.11.1975; Section 6 declaration dated 10.11.1978; Award No.7 of 1981 dated 30.07.1981; compensation deposited). Earlier attempts failed: WP.No.32539 of 2005 resulted only in a direction to consider the representation dated 20.01.2005 for re-conveyance, which was rejected, and WP.No.3613 of 2013 was dismissed on 17.12.2015. The Court noted that the entire acquired extent was utilised for public purposes under the Ambattur Neighbourhood Scheme (prime commercial sites, bus stand, roads, residential park sites), now maintained by the Ambattur Municipality (now Greater Chennai Corporation). Held: the appellants have not established a semblance of legal right to consider their claim, and the claim at this length of time was rightly rejected by the Writ Court. Writ Appeal dismissed with no costs; connected Miscellaneous Petition (CMP No. 21529 of 2023) closed.

2025:MHC:2684

WA No. 2553 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

WA No. 2553 of 2023 and CMP No. 21529 of 2023

G.Sivanandam

Appellant(s)

Vs

1.The Government of Tamil Nadu Rep. by its Secretary to Government, Ministry of Housing and Urban Development, Fort St. George, Chennai-600009

2.The Tamil Nadu Housing Board Rep. by its Managing Director, Nandanam, Chennai-600035

3.The Special Deputy Collector (Land Acquisition), CMDA, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-600008

4.The Commissioner Greater Chennai Corporation, Ambattur Township Corporation, Ambattur, Chennai-600053

Respondent(s)

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WA No. 2553 of 2023

PRAYER

Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed by the Learned Judge in WP.No.6130 of 2018 dated 06.12.2021

For Appellant(s): Mr.R.Chandrasekaran

For Respondent(s): Mrs.Akila Rajendran Government Advocate For R1 & R3 Ms.P.T.Ramadevi Standing Counsel For R4

J U D G M E N T

(Judgment was delivered by S.M.Subramaniam J.)

The writ order dated 06.12.2021 in WP.No.6130 of 2018 is under

challenge in the present writ appeal.

Section 4(1) notification under Land Acquisition Act, 1984 was issued vide proceedings dated 12.11.1975. Declaration under Section 6 of the Act was issued on 10.11.1978. After completing the inquiry proceedings, an award was passed on 30.07.1981 in Award No.7 of 1981. The compensation amount determined was deposited.

WP.No.32539 of 2005 was filed challenging the acquisition proceedings and the learned Single Judge of this Court directed the authorities to consider the representation dated 20.01.2005 submitted by the appellants

for re-conveyance. The request of appellants were rejected.

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WA No. 2553 of 2023

Again WP.No.3613 of 2013 came to be instituted and the said writ petition was dismissed by this Court on 17.12.2015. Thus, the acquisition proceedings completed in all respects. Subsequently, Ambattur Neighbourhood Scheme had been developed. Writ Court recorded that after passing an award on 30.07.1981, entire extent of land acquired were utilised for public purposes such as prime commercial, bus stand, road and residential park sites, etc., were established in the acquired lands. Now the public projects are being maintained by the Ambattur Municipality (now Greater Chennai Corporation).

In view of the fact that the acquired land had already been utilised by the Government and public projects have been implemented, the claim of the writ petitioner at this length of time is rightly rejected by the Writ Court. The appellants have not established a semblance of legal right to consider their claim. Consequently, the Writ Appeal stands dismissed. no costs. The connected Miscellaneous Petition is closed.

(S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 06-11-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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WA No. 2553 of 2023

Jeni

To

1.The Secretary to Government, The Government of Tamil Nadu Ministry of Housing and Urban Development, Fort St. George, Chennai-600009

2.The Managing Director, The Tamil Nadu Housing Board Nandanam, Chennai-600035

3.The Special Deputy Collector (Land Acquisition), CMDA, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-600008

4.The Commissioner Greater Chennai Corporation, Ambattur Township Corporation, Ambattur, Chennai-600053

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WA No. 2553 of 2023

S.M.SUBRAMANIAM J. AND MOHAMMED SHAFFIQ J.

Jeni

WA No. 2553 of 2023

06-11-2025

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