BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
ABDUL QUDDHOSE, J.
R. Sarojini Devi - Appellant
Versus
The District Collector, Tirunelveli & Others - Respondent
W.P.(MD). No. 18329 of 2021
Decided On : 24-03-2022
Mandamus - Land Acquisition - Re-conveyance of Land
Fact of the Case:
The petitioner filed a Writ Petition seeking a direction to the respondents to re-convey the land owned by her, which was part of the property in the land acquisition proceedings initiated by the respondents in 1997 under the Tamil Nadu Act 31 of 1978. The petitioner's representation requesting re-conveyance of the land had not been considered by the respondents, leading to the filing of the Writ Petition.
Finding of the Court:
The Court directed the first respondent to consider the petitioner's representation and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of four months from the date of receipt of the court's order. The Writ Petition was disposed of with this direction.
Issues: The main issue was the failure of the respondents to consider the petitioner's representation for re-conveyance of the land acquired in the land acquisition proceedings initiated in 1997.
Ratio Decidendi: The Court held that no prejudice would be caused to the respondents by considering the petitioner's representation on merits and in accordance with law, after affording a fair hearing to the petitioner.
Final Decision: The Court directed the first respondent to consider the petitioner's representation for re-conveyance of the land and pass final orders within four months, and disposed of the Writ Petition.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to reconvey the land owned by the petitioner, situated in Sy.No.24/1 to the extent of 1 acre 20 cents, which is part of the property in the land acquisition proceedings initiated by the respondents in the year of 1997 under the Tamil Nadu Act 31 of 1978 by considering the petitioner's representation dated 23.09.2021.)
1. This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to re-convey the land owned by the petitioner situated in Survey No.24/1 measuring an extent of 1 acre and 20 cents which is part of the property in the land acquisition proceedings initiated by the respondents in the year 1997 under the Tamil Nadu Act 31 of 1978 by considering the petitioner's representation dated 23.09.2021 within a time frame to be fixed by this Court.
2. According to the petitioner, she was the owner of the aforementioned land which was acquired by the respondents by initiating land acquisition proceedings in the year 1997 under the Tamil Nadu Act 31 of 1978. Though the proceedings were initiated, till date, the respondents have not taken possession of the land and no further steps have been taken pursuant to the land acquisition notification. It is also the contention of the petitioner that the revenue records still stand in the name of the petitioner. In such circumstances, she has given a representation on 23.09.2021 to the respondents requesting them to re-convey the land to her. Since the said representation has not been considered till date, she has filed this Writ Petition.
3. It is also submitted by the learned counsel for the petitioner that the lands were acquired from the petitioner for a special scheme meant for Harijan welfare, but the said scheme has now been dropped.
4. Heard Mr.A.Balakrishnan, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
5. No prejudice would be caused to the respondents, if the petitioner's representation, referred to supra, is considered on merits and in accordance with law, after affording a fair hearing to the petitioner including granting her the right of personal hearing.
6. Accordingly, this Court directs the first respondent to consider the petitioner's representation dated 23.09.2021 requesting the first respondent to re-convey the land situated in Survey No.24/1 measuring an extent of 1 acre and 20 cents in Panayakulam Village, Palayamkottai, which is part of the property in the land acquisition proceedings initiated by the respondents in the year 1997 under the Tamil Nadu Act 31 of 1978 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including granting her the right of personal hearing, within a period of four (4) months from the date of receipt of a copy of this order.
7. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.
AI
The main legal point established in the judgment is the Court's power to issue a mandamus directing the consideration of a representation for re-conveyance of land acquired in land acquisition procee....
Once the acquisition proceedings are quashed, the original owners automatically regain title and possession over the acquired properties, and there is no need for re-conveyance by the government or t....
Court directs consideration of reconveyance claim for unutilized acquired land without merits opinion.
A Writ of Mandamus can compel authorities to process representations regarding land reconveyance under relevant legal provisions.
Court directs consideration of representations for land record mutation NOC post unutilized acquisition, within time limit.
The court confirmed that once land is acquired under Act 31 of 1978 and compensation has been deposited, no reconveyance is allowed even if the land remains unused.
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