Gunasekaran R. and Others v. Secretary Backward Classes and Most Backward Classes Department Chennai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Mad) 15

MADRAS HIGH COURT
S. Manikumar, J.
Gunasekaran R. and Others v. Secretary Backward Classes and Most Backward Classes Department Chennai

Table of Content
1. petitioners seek reconveyance of land due to prior ownership. (Para 1 , 2)
2. respondents argue land is needed for public purpose. (Para 4 , 5 , 6)
3. court emphasizes conditions for reconveyance based on public need. (Para 8 , 10)
4. the petitioners' encroachment negates their claim for reconveyance. (Para 11)

1. The petitioners have sought for a Mandamus, directing the respondent to re - convey / transfer of the land in R.S.No. 1520-1, admeasuring 3 Acres and 20 Cents, situated at Anthiyur Village, Bhavani Taluk, Erode District, to and in their favour.

2. In the supporting affidavit, the petitioners have contended that their father, K. Ramasamy Gounder, was the owner of the abovesaid land. Acquisition proceedings were initiated in the year 1989 in Andhiyur Village, in order to distribute house sites to 51 families of barbers and 44 families of washermen. S.4(1) notification in G.O.Ms.No. 378, Backward Classes Department, dated 30-04-1989, was published. S.5 - A enquiry was conducted on 03.08.1989. Award No. 5 of 1990, dated 29.03.1990, was passed by the Special Tahsildar, Adi - Dravidar Welfare, Erode.

3. According to the petitioners, they were informed of the acquis

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2015 Supreme(Online)(Mad) 15

MADRAS HIGH COURTS. Manikumar, J.Gunasekaran R. and Others v. Secretary Backward Classes and Most Backward Classes Department Chennai

Cases Referred (5)

MADRAS HIGH COURT
S. Manikumar, J.
Gunasekaran R. and Others v. Secretary Backward Classes and Most Backward Classes Department Chennai