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2005 Supreme(Mad) 1893

R.BALASUBRAMANIAN
Perichiappa Gounder & Others – Appellant
Versus
The State of Tamil Nadu rep. by its Secretary & Others – Respondent


Advocates Appeared:For the Petitioners:R.N. Amarnath, Advocate. For the Respondents:R2 & 3, R. Muthukumaraswamy, Addl. Public Prosecutor for D. Veerasekaran R1, Rani Selvam, GA, Advocate.

Judgment :-

(Prayer: Petition under Article 226 of the Constitution of India for issuance of the Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the first respondent in letter No.37215/LA III-2/2001-13 dated 24.8.2004, quash the same and directing the first respondent to reconvey the lands an extent of 0.74.0 in S.F. No.838/5, an extent of 0.21.0, 0.30.0, 0.19.5, 0.32.0, 0.18.0, 0.25.5 in S.F. Nos.849/1B,2B,1C, 2C, 1D, 2D respectively, an extent of 0.01.0, 0.09.5, 0.22.0, 0.13.5, 0.15.0 in S.F. Nos.850/2C. 2D, 2E, 2F, 2G respectively, the lands in S.F. No. 850/3 and an extent of 0.76.0 hectares of land in S.No. 839/2C situated in Kalapatti Village, Coimbatore North Taluk, Coimbatore District.)

Under the impugned order, the Government has rejected the petitioner's claim for reconveyance under Section 48-B of the Land Acquisition Act as amended by the State of Tamil Nadu. Mr.R.N.Amarnath, learned counsel appearing for the petitioner would attack the order on the following grounds:

“The property acquired and transferred to the Housing Board remains unutilised for a long number of years and therefore it must be held that the public purpose for which








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