JUDGMENT :

T. Raja, J.

1. The present appeal is directed against the impugned order passed by the learned Single Judge in W.P. No. 25720 of 2016, dated 26.07.2016, in and by which, the prayer of the writ petitioner for issuance of a writ of mandamus to direct the respondents to reconvey/release his lands situated at No. 74, Thirukatchur Village, Chengalpet Taluk, Kanchipuram District, comprised in Survey Nos. 540/3A & 540/3B measuring an extent of 48 cents and 46 cents respectively, was refused.

2. Mr. Sathish Parasaran, learned Senior counsel, for Mr. G. Poonkundran, learned counsel for the appellant, submitted that the Government issued a draft Notification under Section 4(1) of the Land Acquisition Act (in short "the Act") in G.O.Ms. No. 386, Housing and Urban Development Department, dated 02.11.1979, proposing to acquire 94.27 acres of land comprised in Survey Nos. 91 etc., situated at No. 74, Thirukatchur Village, Chengalpet Taluk, for the formation of a new town known as Maraimalai Nagar. Out of 94.27 acres, proceedings were initiated for 22.87 acres under Section 5(A) of the Act. Subsequently, declaration under Section 6 of the Act was issued in G.O.Ms. No. 868, Housing and Urban Development Department, dated 28.08.1982, and the same was also published in Tamil Nadu Government Gazette on 15.09.1982. After the issuance of notice under Sections 9(1) and 10 of the Act, the Award enquiry was conducted on 28.08.1982 and thereby an Award was passed on 19.09.1986 in Award No. 13 of 1986 for the formation of Marimalai Nagar in an area measuring an extent of 25.92 acres. After some time, the Government issued G.O.Ms. No. 497, dated 23.03.1987, excluding 25.92 acres of land including the appellant's land from the acquisition proceedings. Subsequently, those person whose lands were excluded have obtained No. Objection Certificate from the concerned authorities and thereby patta was also issued in their names. The land owners who had obtained NOC and patta are stated below:-

However, by another Government Order in G.O.Ms. No. 134, dated 23.04.1998, the lands which were excluded under G.O.Ms. No. 497, dated 23.03.1987, were sought to be restored. Thereafter, the affected parties filed W.P. No. 9531 of 1998 before this Court seeking for issuance of a writ of mandamus to quash the G.O.Ms. No. 134, Housing and Urban Development Department, dated 23.04.1998, as illegal and without justification. This Court, by order dated 26.04.2007, observing that the Government cannot cancel its earlier order of withdrawing from the acquisition proceedings in respect of lands owned by various persons, that too, after a lapse of 11 years, allowed the writ petition by quashing the G.O.Ms. No. 134, dated 23.04.1998, cancelling the order of exclusion granted in G.O.Ms. No. 497, dated 23.03.1987. This order became final, as no appeal has been filed.

3. In the meanwhile, after issuance of G.O.Ms. No. 497, dated 23.03.1987, excluding the land in question, the writ petitioner's father purchased the land in question from the original owner Vasantha Kumari by way of a registered sale deed dated 03.12.2007 bearing Document No. 14313 of 2007 on the file of Sub-Registrar-II, Chengalpet. Followed by earlier order passed in W.P. No. 9531 of 1998, dated 26.04.2007, one another writ petition in W.P. No. 17210 of 2008 was filed for the same relief and this Court, by order dated 16.09.2009, on the statement made by learned Additional Government Pleader that G.O.Ms. No. 134, Housing and Urban Development Department, dated 23.04.1