IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 9.3.2011
CORAM
THE HONOURABLE MR. JUSTICE R.SUDHAKAR
Writ Petition No.5698 of 2011
Krishnaveni. ... Petitioner
vs.
1.The Secretary to the Government
of Tamil Nadu,
Ministry of Housing and Urban Development,
Fort St. George,
Chennai-600 009.
2.The Chairman and Managing Director,
Tamil Nadu Housing Board,
Nandanam,
Chennai-600 035.
3.The Executive Engineer,
Tamil Nadu Housing Board,
Bagalur Road,
TNHB,
Hosur-635 109. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to reconvey the lands under Section 48-B of the Land Acquisition Act, 1894 situate at Survey No.844/1A measuring an extent of 0.75.5 hectares, Chennathur village, Hosur Taluk, Krishnagiri District.
For Petitioner : Mr.M.Selvam
For Respondents : Mr.S.Shivashanmugam,
Government Advocate,
for R1.
Mr.A.Vijayakumar,
for R2 and R3.
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O R D E R
Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to reconvey the lands under Section 48-B of the Land Acquisition Act, 1894 situate at Survey No.844/1A measuring an extent of 0.75.5 hectares, Chennathur village, Hosur Taluk, Krishnagiri District.
2. Mr.S.Shivashanmugam, learned Government Advocate, takes notice on behalf of the first respondent. Mr.A.Vijayakumar, learned counsel takes notice on behalf of the respondents 2 and 3. By consent of both parties, the writ petition is taken up for final disposal.
3. For the very same relief, petitioner already filed W.P.No.3480 of 2009 and an order was passed on 23.4.2009 directing the authorities to consider the representation dated 29.8.2008 submitted by the petitioner for reconveyance. Further, on 19.6.2009, the Secretary to Government asked the petitioner to submit her representation stating that it is not available on file. It is thereafter, on 7.7.2009, petitioner claims that she sent a representation. There is no acknowledgment filed even as on today.
4. The reconveyance of the land is at the discretion of the Government. No mandamus could be issued in this regard. However, in the present case, the petitioner has already invited an order as stated above and therefore, the present writ petition filed for the very same relief is not justified. The Writ Petition is, therefore, dismissed. No costs.
ts
To
1.The Secretary to the Government
of Tamil Nadu,
Ministry of Housing and Urban Development,
Fort St. George,
Chennai-600 009.
2.The Chairman and Managing Director,
Tamil Nadu Housing Board,
Nandanam,
Chennai-600 035.
3.The Executive Engineer,
Tamil Nadu Housing Board,
Bagalur Road,
TNHB,
Hosur 635 109