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2023 Supreme(Mad) 2851

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
M. Karunakaran – Appellant
Versus
State of Tamil Nadu, Represented by The Chief Secretary, Chennai & Others – Respondents
WP No. 22810 of 2019 & WMP No. 22391 of 2019
Decided On : 14-09-2023

Advocates appeared:
For the Petitioner:S. Makesh, Advocate. For the Respondents:R1 to R5, R7 & R8, R. Ramanlaal, Additional Advocate General-IV, Assisted by T. Arunkumar, Additional Government Pleader. R6, Jayesh B. Dolia, Senior Counsel for Aiyar and Dolia, R10, R11 & R13, K.M. Vijayan, Senior Counsel for N.V.N. Margandeyan R9 & R12, Not Ready in Notice.

The main legal point established in the judgment is the court's authority to direct an enquiry into alleged violations of the Land Acquisition Act and to take appropriate action based on the findings.

Headnote:

Land Acquisition Act - Land Acquisition - Sections 16-A, 16-B, 48-B - The court directed the Commissioner of Land Administration to conduct an enquiry into the alleged abuse of acquired land for commercial purposes and to pass appropriate orders based on the findings.

Fact of the Case:

The petitioner filed a writ petition under Article 226 of the Constitution of India, seeking the forfeiture of acquired property and declaring certain sale transfers null and void, alleging that the acquired lands were being abused for commercial purposes instead of the intended public purposes.

Finding of the Court:

The court found that serious allegations were raised by the petitioner and discrepancies were identified during field inspection. It directed the Commissioner of Land Administration to conduct an enquiry and pass appropriate orders based on the findings.

Issues: The main issue was the alleged abuse of acquired land for commercial purposes, contrary to the intended public purposes.

Ratio Decidendi: The court held that an enquiry was necessary to ascertain the facts and circumstances and to take appropriate action if any illegality or irregularity was found.

Final Decision: The court directed the Commissioner of Land Administration to conduct an enquiry and pass appropriate orders within twelve weeks.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, pertaining to the Award No.3 dated 29.12.1947, passed against Madhavan Naicker, the father of the petitioner herein, and others under Land Acquisition Act, 1894 by the fourth respondent herein, by directing the third respondent to forfeit the property comprised in S.No.153/1/2/3/4 and 158 as it is not used for public purpose within the statutory limit by the sixth respondent, by declaring the sale transfer executed by the sixth respondent, registered in the office of the seventh respondent bearing Document No.3847/1992, 3848/1992, 3849/ 1992, 3850/1992 and Document No.676/2000, 677/2000 registered in the office of the eighth respondent, executed by ninth and tenth respondents respectively, pertaining to the acquired property, comprised in S.No.153/3 and 153/4 Nanja and Punja lands located at Ramapuram Village, Maduravoyal Taluk, Thiruvallur District as null and void, with further direction to reconvey the S.No.153/1 admeasuring about 95 cents, Nanja and Punja lands located at Ramapuram Village, Maduravoyal Taluk, Thiruvallur District to the petitioner herein being the person interested.)

1. The writ on hand has been instituted pertaining to the Award No.3 dated 29.12.1947, passed against Madhavan Naicker, the father of the petitioner herein, and others under Land Acquisition Act, 1894 by the fourth respondent herein, by directing the third respondent to forfeit the property comprised in S.No.153/1/2/3/4 and 158 as it is not used for public purpose within the statutory limit by the sixth respondent, by declaring the sale transfer executed by the sixth respondent, registered in the office of the seventh respondent bearing Document No.3847/1992, 3848/1992, 3849/ 1992, 3850/1992 and Document No.676/2000, 677/2000 registered in the office of the eighth respondent, executed by ninth and tenth respondents respectively, pertaining to the acquired property, comprised in S.No.153/3 and 153/4 Nanja and Punja lands located at Ramapuram Village, Maduravoyal Taluk, Thiruvallur District as null and void, with further direction to reconvey the S.No.153/1 admeasuring about 95 cents, Nanja and Punja lands located at Ramapuram Village, Maduravoyal Taluk, Thiruvallur District to the petitioner herein being the person interested.

2. The grievance of the writ petitioner is that the properties belonged to his family was acquired for public purposes by invoking the provisions of the Land Acquisition Act, 1894. The acquired lands were handed over for the purpose of establishing Educational Institution, Industrial Training Institute, Orphanage and School.

3. It is not in dispute between the parties that the lands were acquired for public purposes and for the purpose of establishing Educational Institution for the welfare of the people of that locality.

4. The present writ petition has been instituted after several years from the date of acquisition. The lands were acquired long back and the petitioner being the legal heir of the erstwhile landowner now come out with certain serious allegations that the lands acquired and handed over for public purposes are abused by the Society and the Trust created by the Society/sixth respondent.

5. The learned Senior Counsel appearing on behalf of the respondents 10, 11 and 13 raised serious objections mainly on the ground that enormous delay in filing the present writ petition, cannot be entertained. That apart, the lands acquired are being utilised for educational purposes and to maintain orphanage. Thus, there is no violation of the purpose for which it was acquired and handed over to the sixth respondent.

6. It is contended that the petitioner, as of now, has no right in respect of the acquired property and being utilised for public purposes and therefore, the present writ petition is to be rejec

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