K SENGODAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed praying for a Writ of Mandamus to direct the first respondent to initiate action against the third respondent under Section 16B of the Land Acquisition Act, 1894 and forfeit the lands in old Survey No.34 (New Survey No.92/2B) of Iveli village, Sankari Taluk, Salem District to an extent of 2.67 Acres granted as per G.O.Ms.No.165 dated 12.9.2001 and consequently reconvey the lands to the petitioner herein.

(2.) THE learned counsel for the petitioner submits that the petitioner's lands were acquired for mining operation by the second respondent. Since, the second respondent unable to continue the mining operation, he sought permission from the Government to transfer the same to the third respondent for mining operation, which was also ordered in G.O.Ms.No.165 dated 12.9.2001. THE third respondent, contrary to the purpose for which the lands were acquired is attempting to convert the said lands as house site, hence, the first respondent is duty bound to take action against the third respondent under Section 16B of the Land Acquisition Act, 1894 (herein after referred to as the Act) to forfeit the lands, but it failed, hence the writ petition is filed.

(3.) IN view of the above said facts, this Court finds that there is no valid reason assigned by the petitioner to grant the relief sought for by the petitioner. The writ petition is dismissed. No costs.