M MANIMEGALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard the learned counsels appearing for the parties. Petitioners are the owners of certain properties in Kallapatti Village, Coimbatore District. Notification under Section 4(1) of the Land Acquisition Act, (hereinafter called the Act) was published in the Gazette DATED 27.3.1991. The land was being acquired for neighborhood scheme for and on behalf of the Tamil Nadu Housing Board, the second respondent. The petitioners had filed objections. Subsequently, declaration under Section 6 had been published. In March 1994, the petitioners received notice under Section 9(3) of the Act. At that stage, the petitioners filed separate writ petitions challenging the acquisition. A learned single Judge of this Court, while dismissing the aforesaid writ petitions observed : . . . However it is open to the petitioners to make a representation before the concerned authority within a period of three months from the date of receipt of a copy of this order, for exclusion of their lands from acquisition. If such representation is made by the petitioners, the concerned authority shall consider and dispose of the same on merits, within a period of six months thereafter. Till such time, status quo shall continue.

(2.) On the basis of the aforesaid observation, the petitioners filed representation DATED 16.8.2001 purported to be under Section 48-B of the Act for reconveyance of the lands. Since no orders had been passed, the petitioners filed W.P.Nos.9780 & 9781 of 2002, which were dismissed. The petitioners filed Writ Appeal Nos.1465 and 1466 of 2002, which were disposed of with a direction to the Government to consider and dispose of the representation DATED 16.8.2001 and pass appropriate orders in accordance with law. However, since no orders had been passed, these writ petitions have been filed with a prayer to issue writ of mandamus directing the respondents to reconvey the lands.

(3.) It is unfortunate that in spite of the specific direction of this Court, the respondents did not dispose of the representation DATED 16.8.2001.