G K RADHAKRISHNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed praying for a Writ of Mandamus to call for the records of the first respondent, relating to Letter No.13354/LA 4(2)/07-03, dt.19.03.2009, quash the same and to direct the first respondent to reconvey the land, in S.No.83/1 situated in Iyyamperumalpatty, in Salem Taluk and District, to the petitioner.

(2.) The petitioner had stated that the agricultural lands measuring 1 acre and 12 cents, in S.No.83/1, situated in Iyyamperumalpatty, in Salem Taluk and District, belongs to him. It was acquired for putting up constructions, under the Neighbourhood scheme under G.O.Ms. No. 538, Housing and Urban Development department, dated 07.07.84.

(3.) Since, the land was not used for the purpose for which it was acquired, the petitioner had made a request, on 01.09.1995, to reconvey the land to him. The said request was not considered by the authorities concerned. Therefore, he had filed a writ petition, in W.P.No.15108 of 1995, before this Court. Since, the said Writ petition has been dismissed, the petitioner has filed a Writ Appeal in, W.A.No.271 of 2005. The said Writ Appeal has been disposed of on 28.10.2008 , permitting the petitioner to make a fresh application. Based on the order passed by this Court on 28.10.2008, the petitioner has filed an application, under Section 48B of the Land Acquisition Act, 1984(Act 1 of 1894), before the first respondent, praying for the reconveyance of the property in question. He had also undertaken to repay the amount received as compensation. On 19.03.2009, the first respondent has rejected the application of the petitioner. In such circumstances, the present Writ Petition has been filed by the petitioner, under Article 226 of the Constitution of India praying for the aforesaid relief.