S. Kareemulla, Vs The District Collector

THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN

WRIT PETITION No.1582 of 2013

ORDER:

The relief sought for in this Writ Petition is to declare the action of the first respondent in not taking any action on the petitioners’ representation dated 17.06.2012, as arbitrary and illegal.

¶5

The petitioners are assignees of Government land. Their land was resumed by the Government on 28.01.2008 for the purpose of Rajeev Swagruha Scheme. As no ex gratia was paid, the petitioners approached this Court seeking payment of compensation and, pursuant to the orders of this Court, they were paid ex gratia. The present Writ Petition is filed seeking reassignment of land on the ground that the Rajeev Swagruha Scheme has been disbanded. The petitioners express their readiness to refund the ex gratia paid to them earlier.

¶6

Having sought and received ex gratia consequent upon resumption of land by the Government, the petitioners cannot now contend that the said land should be reassigned to them. It is for the Government to decide how its land should be utilized. This Court cannot issue any mandamus in this regard. I see no reason, therefore, to grant the relief sought for in this Writ Petition. It is, however, made clear that this order shall not preclude the respondents from considering any application, which the petitioners may have filed, in accordance with law.

¶7

The Writ Petition fails and is, accordingly, dismissed.

¶8

The miscellaneous petitions pending, if any, shall also stand dismissed. There shall be no order as to costs.

¶9

_______________________________ (RAMESH RANGANATHAN, J) 24.01.2013 vs/vhb

S. Kareemulla, v. The District Collector

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S. Kareemulla, v. The District Collector

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