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2026 Supreme(Online)(Mad) 16567
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
Sivakumar – Appellant
Versus
The Chairman Tamilnadu Housing board – Respondent
For the Appellant/Petitioner: Ms.Haritha
For the Respondent: Mr.V.Gunasekar, Standing Counsel for Housing Board (for R1 & R2), Mr.T.K.Saravanan, Additional Government Pleader, (for R3)
The court ruled that reconveyance of acquired land not put to use must be directed to the State, as the Tamil Nadu Housing Board is merely a beneficiary.
Headnote:This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to reconvey certain properties. The land in question was acquired by the Tamil Nadu Housing Board. The court finds that since the State is not a party in this petition, any representation for reconveyance must be directed to the State. The State will consider such a representation on merits. No costs.
| Table of Content |
|---|
| 1. petitioner seeks reconveyance of acquired land. (Para 1) |
| 2. discussion on legal standing and necessity of representation to the state. (Para 2 , 3) |
| 3. court's directive on representation process and non-usage of land. (Para 4) |
O R D E R
The petitioner seeks for reconveyance of the property morefully described in the prayer to the Writ Petition in favour of the petitioner.
2.Mr.V.Gunasekar, learned Standing Counsel takes notice for the respondents 1 and 2 and Mr.T.K.Saravanan, learned Additional Government Pleader takes notice for the 3rd respondent.
3.Admittedly, the property morefully described in the prayer to the Writ Petition was acquired by the State and the beneficiary is the Tamil Nadu Housing Board. Any reconveyance of the property already acquired which has not been put to use for the purpose for which the said land was acquired can be done only by the State. The State is not a party respondent in this Writ Petition. The petitioner will have to give a representation only to the State and cannot give a representation to the Tamil Nadu Housing Board, which is only a beneficiary.
4.Since the State is not a party respondent in this Writ Petition, this Writ Petition is disposed of by granting liberty to the petitioner to give a representation to the State seeking for reconveyance of the property on account of its alleged non-usage for the purpose for which the land was acquired and if such a representation is received, the State shall consider the same on merits and in accordance with law as expeditiously as possible. No costs.
