G.M. KAMALAKUMAR Vs. THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) The petitioner has filed this Writ Petition for a Writ of Mandamus to direct the respondents to recovery the land in Survey No. 1149/1 and 1150/1 measuring about 9 Acres in Meelavittan Village, Thoothukudi District to the legal heirs of Raju V. Ganesan in consideration of the petitioner's representation dated 29.07.2013.

(2.) According to the learned counsel appearing for the petitioner, the lands were acquired way -back in the year 1986 and his father died in the year 1971. The Government by G.O. No. 1242, Industries Department dated 07.09.1981, segregated the lands acquired into several Zones, namely, Zone -I to Zone -XII and provided for the modes with which such lands were to be dealt with.

(3.) According to the petitioner his father's property falls under Zone -VI and some of the lands in Zone -VI were to be de -notified and restored to the original owners. However, till date, the lands were not restored. On the other hand, the Government, finding no use of those lands for Port Trust leased out the said lands to certain private individuals for running a salt pan. In such circumstances, similarly placed persons land was given back under Sec. 48(b) of the Land Acquisition Act, 1894. Therefore, he made a representation to the respondents on 29.07.2013 to reconvey his lands'. Since, the respondents have not passed any orders, the petitioner is before this Court. Mainly contending that though the Government de -notified and not used, no order has been passed and hence, he seeks for a Mandamus.