P RANGASAMY Vs. SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT AND PATTUKKOTTAI MUNICIPALITY

JUDGEMENT

(1.) The Petitioner has filed the present Writ Petition seeking to challenge the order of the first Respondent State Government made in G.O. Ms. No. 248, Municipal Administration and Water Supply Department, dated 17.12.2009.

(2.) It is seen from the records that the Petitioner was the owner of the land in several Survey numbers starting from S. No. No. 177/2B, to an extent of 5 acres 22 cents, in Pattukkottai Town and also Survey number to an extent of 3 acres and 13 cents in Santhankadu Village, Pattukkottai Taluk, Thanjavur District. The lands were acquired for construction of a Water Storage Tank in the year 1969 and possession was taken over as early as 15.03.1972. Subsequently, the Petitioner and the other owners of the land challenged the acquisition and sought for quashing of the order in G.O. Ms. No. 1801, Rural Development and Local Administration Department, dated 05.12.1983. By the aforesaid Government Order, the first Respondent Government permitted the Pattukkottai Municipal Council viz., the second Respondent herein, to hand over the land to the Pattukottai Polytechnic Society. The Writ Petition in W.P. No. 1548 of 1984, came to be disposed of by a final order dated 09.03.1992 and while the writ petition was dismissed, they are at liberty to move the State Government claiming the benefit of the Board Standing Order. Subsequently, the Petitioner sent a representation to the Hon'ble Minister for Rural Development and Local Administration, claiming reconveyance of the said land, in terms of the Revenue Board Standing Order. Thereafter, the Petitioner also filed a Suit in the District Munsif Court Pattukkottai, seeking for a mandatory injunction, directing the State and the Municipality as well as the Polytechnic Society, to sell the Suit property to the Petitioner by receiving the market value. The Suit was numbered as O.S. No. 89 of 2000, on the file of the District Munsif Court, Pattukkottai. In the mean while, on finding that the State Government permitting the Society to sell the land on a rate fixed by the State Government to the Polytechnic Society, the present Writ Petition came to be filed.

(3.) The writ petition was admitted on 07.06.2000 and in the application for Stay, only notice was ordered. On notice from this Court, the secondRespondent Municipality has filed a counter affidavit, dated 17.09.2009 stating that only apportion of the land was used for the Water Storage Tank and the remaining land was to be retained for future water supply. It is also claimed that it isn't open to them to sell the land, as claimed by the Petitioner. The counsel for the Petitioner made two contentions that since the original purpose for which the acquisition made was not fulfilled, even in terms of Section 48-B of the Land Acquisition Act, the Petitioner is entitled to for reconveyance. Therefore, the selling of the land to a 3rd party Society, is not permissible. The second contention is stated that public purpose, as required under the Land Acquisition Act, is only for the public institution and not to a private society like a polytechnic society.