STATE OF TAMIL NADU Vs. C.V.KRISHNASWAMI

JUDGEMENT

(1.) This Writ Appeal is directed against the order of the learned Single Judge, dtd. 18/9/2014 made in W.P.No.11795 of 2008. By the said order, the learned Single Judge had allowed the Writ Petition. In the said Writ Petition, the respondent had challenged G.O.(Pa). No.10, dtd. 6/3/2008, and prayed for a consequential direction to re-convey the land in S.F.No.185/1, Goundampalayam village, Coimbatore district.

(2.) The brief facts leading to the filing of the present appeal are that the land in question was acquired by the appellants under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') in the year 1988. A notification under Sec. 4(1) of the Act was issued vide G.O.Ms.No.159, dtd. 26/9/1988. Thereafter, the proceedings namely, Sec. 5-A enquiry and Sec. 6 declaration, followed, and finally, an award was passed on 21/11/1991. Since the original owner did not come forward to receive the award amount, the same was deposited on the file of the learned Subordinate Judge, Coimbatore on 30/10/1992. Thereafter, the land was also duly handed over to the Adi Dravidar and Tribal Welfare Department. They had in turn issued pattas to the landless poor persons for providing house sites.

(3.) While so, the respondent claims that his daughter and son-in-law had purchased the land adjacent to the present land in S.F.No.185/2 on 24/11/1995. To build a hospital, the respondent also purchased the same after ascertaining with the Tahsildar, Coimbatore through a certificate, dtd. 11/3/1998 that the land in S.F.No.185/1 belongs to Shanthi Rajendran and G.Rajendran. However, when the respondent later came to know that the land was already acquired, he made a representation, dtd. 23/2/2004 to the District Collector, Coimbatore. Thereafter, further representations were made to the Special Commissioner, Land Administration, and other authorities. The respondent made a representation, dtd. 30/9/2004 to the Government for re-conveyance of the land under Sec. 48-B of the Act. Since there was no response, the respondent approached this Court by way of the Writ Petition in W.P.No.35393 of 2004. By an Order, dtd. 1/2/2005, this Court directed the appellants to consider the representation of the respondent. Thereafter, the appellants considered the request made by the respondent and passed G.O.(Pa). No.10, dtd. 6/3/2008 rejecting the request. The rejection was because the land is very much required for the issue of house site patta to Adi Dravidars and the respondent being a purchaser post-acquisition, has no locus standi to seek for re-conveyance nor had given any valid reason for the re-conveyance. Challenging the Government Order, the Writ Petition was filed. A counter-affidavit was filed by the fourth appellant resisting the claim made in the Writ Petition, by reiterating the reasons mentioned in the impugned order.