S RAMACHANDRAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THIS writ petition has been filed praying for a writ of Certiorarified Mandamus to call for and quash the order of the fourth respondent, dated 1.9.2009 and to direct the first respondent to consider the claim of the petitioner for reconveyance of the acquired lands mentioned in the writ petition.

(2.) THE only contention of the learned counsel appearing for the petitioner is that the fourth respondent is not entitled to pass the impugned order, dated 1.9.2009, since, it is the first respondent State Government, which has to pass the order on the request of the petitioner, for reconveyance of the acquired land, under Section 48(B) of the Land Acquisition Act. Further, he had submitted that this Court, by an order, dated 29.4.2009, made in W.P.No.8292 of 2009, had directed the first respondent State Government to consider the representation of the petitioner, dated 17.4.2007, and pass appropriate orders thereon. However, the first respondent had not passed any order pursuant to the direction issued by this Court, by its order, dated 29.4.2009. In such circumstances, the impugned order of the fourth respondent, dated 1.9.2009, is set aside and the first respondent is directed to consider the representation of the petitioner, dated 17.4.2007, and pass appropriate orders thereon, if no such order has been passed by the first respondent, till date, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. THE petitioner is directed to furnish a copy of the representation, dated 17.4.2007, to the first respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter. THE writ petition is ordered accordingly. No costs. Consequently, connected M.P.Nos.1 and 2 of 2010 are closed.