S.Nirmaladevi v. The State of Tamil Nadu

Order This Writ Petition has been filed to direct the 4th Respondent to consider the petitioners' representation dated 26.03.2024 to release the subject land from the acquisition proceedings.

¶2Learned counsel for the petitioner submitted that by way of succession, the petitioners have become the absolute owners of the property admeasuring 1 hectare comprised in S.F.No.175/1, situated at Vilankurichi Village, Coimbatore District. While so, the 4th respondent by issuing notice under Section 4(1) of the Land Acquisition Act, acquired the land for the purpose of formation of Ganapathy Neighbourhood Scheme Phase II. On 23.05.1994, the 4th respondent has passed an award and the compensation amount was deposited in the competent Civil Court. Though the award was passed as early as on

23.05.1994, the possession has not been taken till date. While such being the position, vide G.O.(Ms.).No.136, dated 10.10.2023, the Housing and Urban Development Department has invited applications seeking reconveyance of land Page3 of 5 for the benefit of the Tamil Nadu Housing Board. Pursuant to the said G.O..,the petitioners gave a representation dated 26.03.2024 to the 4th respondent seeking release of subject land from the acquisition proceedings. Since the said representation has not been considered, the petitioners have filed this writ petition.

¶3In reply, the learned Additional Government Counsel appearing for the respondents would submit that the petitioners' representation dated 26.03.2024 will be disposed of by the respondents within a period of twelve weeks.

¶4Heard the learned counsel for the petitioners and the learned Government Counsel for the respondent and also perused the materials available on record.

¶5In view of the provisions contained in G.O.Ms.No.136, dated

10.10.2023, the petitioner is entitled to seek reconveyance of the subject land, if the land continues to remain vacant and unutilized. Hence, this Court directs the respondents to consider the petitioners' representation dated 26.03.2024 on its own merits after due notice to the petitioner and dispose of the same in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. Page4 of 5

¶6With the above directions, this writ petition is disposed of. No costs. 04-06-2026 Index: Yes/No Speaking/Non-speaking order SK To

¶1The Secretary to Government, Housing Board and Urban Development Department, Fort St. George, Chennai-600 009

¶2The Managing Director Tamil Nadu Housing Board, Nandanam, Chennai-600 009

¶3Executive Engineer cum Administration Officer Coimbatore Housing Scheme Unit, Tamil Nadu Housing Board, Tatabad, Coimbatore -600 012

¶4The Special Thasildar Land Acquisition, Tamil Nadu Housing Board, Coimbatore North Taluk, Coimbatore. WPoNo.o17046oofo2026 KRISHNANoRAMASAMYoJ. sk WPoNo.o17046oofo2026 AND WMPoNO.o18349oOFo2026 04-06-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-06-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY 1. S.Nirmaladevi Door NO.8, Gandhi Street, Vilankurichi Village, Coimbatore -641 035 2. S. Arjun, Door NO.8, Gandhi Street, Vilankurichi Village, Coimbatore -641 035 ..Petitioner(s) Vs 1. The State Of Tamil Nadu Rep. by Secretary to Government, Housing Board and Urban Development Department, Fort St. George, Chennai-600 009 2. The Managing Director Tamil Nadu Housing Board, Nandanam, Chennai-600 009 3. Executive Engineer cum Administration Officer Coimbatore Housing Scheme Unit, Tamil Nadu Housing Board, Tatabad, Coimbatore -600 012 4. The Special Thasildar Land Acquisition, Tamil Nadu Housing Board, Coimbatore North Taluk, Coimbatore. ..Respondent(s) Page2 of 5 Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the 4th Respondent to consider petitioner representation dated 26.03.2024 in the light of G.O. (ms) No.136 dated 10.10.2023. For Petitioner(s): Mr.R.N.Amarnath For Respondent(s): Ms.Inthu Karunakaran, Government Counsel