V RAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Admittedly, the land in Survey No.182/5 of Thiruvanmiyur Village was acquired from the petitioner by the second respondent-Housing Board. Contending that the said land was not utilised by the Tamil Nadu Housing Board and the scheme itself had already been completed, the petitioner made a representation on 20.6.1992 for restoration of his land located in Survey No.182/5, Thiruvanmiyur Village, acquired by the Tamil Nadu Housing Board, but the said request was rejected by the Tamil Nadu Housing Board by proceedings dated 18.7.1996, aggrieved by which, the petitioner seeks the issue of a writ of Certiorarified Mandamus, calling for the records of the first respondent in his proceedings Letter No.41364/HB5(1)/ 92-96 and quash his order dated 18.7.1996 and direct the respondents to restore the petitioner's right to plot of land No.1 in Survey No.182/5 (182/5A1) of Thiruvanmiyur Village acquired for Thiruvanmiyur Neighbourhood Scheme of Tamil Nadu Housing Board.

(2.) It is not in dispute that the amount awarded for acquisition of the said land has been duly deposited to the credit of the petitioner in appropriate proceedings.

(3.) It is well settled in law that the Government has to consider the withdrawal of acquisition only on merits, but the Court cannot compel the Government to withdraw the acquisition proceedings or to restore the possession to the owner of the land, as held by the Apex Court in S.P.SUBRAMANIACHETTY V.KSRTC reported in AIR 1997 SC 2076.