R.Govindan v. The Secretary to Government

ORDER This writ petition has been filed to direct the 1st respondent to de-notify the land in survey No. 84/4A1A1A1 an extent of 42 cents at Kottagoundampatti Village, Omalur Taluk, in pursuant to G.O.Ms.No. 879 dated 19.06.1991 by considering the petitioners representation dated 19.10.2023.

¶2The learned counsel for the petitioner would submit that in this case, the petitioner's land was acquired by the respondents by virtue of GO(Ms)No. 879 dated 19.06.1991. However, the said land was not utilized till date. Therefore, an application was made by the petitioner on 19.10.2023 to de-notify and return the said land to the petitioner. However, the same was not considered by the respondents till date. Hence, this petition.

¶3In reply, the learned counsel for the respondent would submit that in this case, initially there was a proposal to acquire the land to an extent of 157.95 Acre. In this regard, a notification was also issued. However, they acquired only to an extent of 91.44 Acre. Subsequently, in the year 1994, an extent of 64.80 Acres of land was handed over to the Tamil Nadu Housing Board, out of which, 32 to 36 Acres of land was utilized for the purpose of construction of 410 houses and the remaining portion of land was left vacant. Hence, he would submit that the petitioner's application will be considered in accordance with law.

¶4Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

¶5In the case on hand, initially, a notification was issued by the respondents with a proposal to acquire the land to an extent of 157.95 Acre. However, the acquisition was made only to an extent of 91.44 Acre. Thereafter, in the year 1994, an extent of 64.80 Acres of land was handed over to the Tamil Nadu Housing Board, out of which, 32 to 36 Acres of land was utilised, wherein 410 houses were constructed and the remaining portion of 30 Acres of land was kept vacant for a period of 30 years. Under these circumstances, the petitioner made an application to de-notify the petitioner's land and return the same to the petitioner.

¶6Normally, if any land is acquired for public purpose and remained unutilised for such a long period, it is the bounded duty of the respondent to return the same to the concerned owners, based on the representation filed by them. In this case, the land was not utilised for nearly a period of 3 decades. In spite of the representation filed by the petitioner, the respondents had not returned the land till date.

¶7In view of the above, the respondents are directed to de-notify the subject land and return the same to the petitioner, forthwith, in accordance with law, if the said land is not utilised for public purpose till date.

¶8With the above directions, this writ petition is disposed of. No cost. Consequently, the connected miscellaneous petition is also closed. 02-04-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The Secretary To Government Housing And Urban Development Department, Fort St. George, Chennai 600009.

2.The Special Tahsildar (land Acquisition) Salem Neighbourhood Scheme, Salem 8.

3.The Chairman And Managing Director Tamil Nadu Housing Board, Nandanam, Chennai 600035. KRISHNAN RAMASAMY J. nsa 02-04-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 21702 OF 2024 1. R.Govindan S/o.C.Rakkianna Gounder, Kottagoundam Patti Village, Omalur Taluk, Salem District. 2.G.Manialagan S/o.R.Govindan, Kottagoundam Patti Village, Omalur Taluk, Salem District. Petitioner(s) Vs 1. The Secretary To Government Housing And Urban Development Department, Fort St. George, Chennai 600009. 2.The Special Tahsildar (land Acquisition) Salem Neighbourhood Scheme, Salem 8. 3.The Chairman And Managing Director Tamil Nadu Housing Board, Nandanam, Chennai 600035. Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, Directing the 1st respondent to de-notify the land in survey No. 84/4A1A1A1 an extent of 42 cents at Kottagoundampatti Village, Omalur Taluk, in pursuant to G.O.Ms.No. 879 dated 19.06.1991 by considering the petitioners representation dated 19.10.2023. For Petitioner(s): Mr.M.Elango For Respondent(s): Mr.T.K.Saravanan, AGP