Back
2026 Supreme(Online)(Mad) 23803
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Saroja – Appellant
Versus
The Secretary and Personnel Officer, Tamil Nadu Housing Board (TNHB) – Respondent
Writ Petition | Article 226
For the Appellants/Petitioners: Mr.M.Kannan
For the Respondents: Mr.S.Kameswaran, Mr.S.Velmurugan
Acquired lands utilized for public purpose cannot be reconveyed upon request.
Headnote:Statute Analysis: The Writ Petition is filed under Article 226 of the Constitution of India, seeking reconveyance of lands acquired for public use. Facts of the Case: The petitioner claims that land acquired in 1989 remains unused, requesting reconsideration for reconveyance.
Findings of Court:
The court finds that the land has been utilized under a public scheme, denying the request for reconveyance.
Issues: The court evaluates whether the lands have been utilized for their intended public purpose.
Ratio Decidendi: The court affirms that possession and usage of the lands for public purpose negate the request for reconveyance.
Result: This Writ Petition stands disposed of.
| Table of Content |
|---|
| 1. request for reconveyance of acquired land based on lack of use. (Para 1 , 2) |
| 2. court upholds utilization of land for public schemes. (Para 3 , 4) |
| 3. court disposes of writ petition but allows for compensation queries. (Para 6) |
ORDER
The Writ Petition has been filed seeking a direction to the respondents to consider the representation of the petitioner dated 12.11.2025 for reconveyance of the lands comprised in Old Survey No.714/2, presently Town Survey Nos.223/1 and 223/3, Block No.36, Ward BM, Kulavanigarpuram Village, Palayamkottai Taluk, Tirunelveli District.
2. The grievance of the petitioner is that the subject lands were acquired for the purpose of the Housing Board by an Award dated 10.07.1989 and, according to the petitioner, the same have not been utilised for the intended public purpose till date. On that basis, the petitioner has submitted a representation seeking reconveyance of the lands, which remains unconsidered.
3. The learned Standing Counsel appearing for the Housing Board submitted that, pursuant to the acquisition, possession of the lands was taken and handed over to the Housing Board, and a scheme known as the “Neighbourhood Scheme” has been formed, under which several plots have already been sold.
Therefore, it cannot be contended that the lands have not been put to public use.
4. In view of the above factual position, it is evident that the acquired lands have been put to use for the intended public purpose. Hence, the request for reconveyance cannot be entertained.
5. Recording the same, this Writ Petition stands disposed of. No costs.
6. Insofar as the issue relating to compensation is concerned, if the petitioner has not received the same, it is open to the petitioner to work out her remedy in the manner known to law. The petitioner is at liberty to make appropriate representations after verifying the records with the Land Acquisition Authority and the jurisdictional Civil Court, as to whether the compensation amount has already been received by her predecessor-in-interest or deposited before the competent Court. The petitioner’s right, if any, as a legatee in respect of the compensation amount is left open.
17.03.2026 Neutral Citation : No smn2 To:-
1.The Secretary and Personnel Officer, Tamil Nadu Housing Board (TNHB), Head Office, CMDA Tower III Building, Koyambedu, Chennai - 600 107.
2.The District Collector, Tirunelveli District, Kokkirakulam, Tirunelveli- 9.
3.The Executive Engineer, Tamil Nadu Housing Board, Tirunelveli – 11.
D.BHARATHA CHAKRAVARTHY , J .
