1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.11658 of 2011 1.S.Vedhanayagam 2.S.Chellathurai Tagore 3.S.Daniel Vedhanayagam 4.A.Rathinam, Rep. by their power of Attorney Agent A.Mangalavel ... Petitioners Vs. 1.The Secretary to Government, Backward Classes and Most Backward Classes Welfare, Fort St., George, Chennai-600 009. 2.The District Collector, Tuticorin District, Korampallam, Tuticorin-628 101 3.The Special Tahsildar, Land Acquisition, Adhi Dravidar Welfare, Tuticorin-628 101 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in Rc.A.1725/95, dated 26.11.2010 on the file of the third respondent herein and to quash the same and direct the first respondent herein to release the lands bearing survey No.36/2A to an extent of 1.07.0 hectares in Senthilampannai village, Tuticorin District under Section 48-B of the Land Acquisition Act within a time frame as may be fixed by this Hon'ble Court. For Petitioners : Mr.S.Subbiah For Respondents : Mr.R.Karthikeyan, Additional Government Pleader. O R D E R The petitioners have come up with the above writ petition challenging an order passed by the third respondent indicating that it is not feasible to release the land of the petitioners from acquisition. 2.Heard Mr.S.Subbiah, learned counsel for the petitioners. Mr.R.Karthikeyan, learned Additional Government Pleader takes notice for the respondents. 3.The short facts on which there is no dispute are as follows: "i)The land of the petitioners were acquired in pursuance of the notification issued under Section 4(1) of the Land Acquisition Act, 1894, dated 18.03.1994; https://hcservices.ecourts.gov.in/hcservices/ 2 ii)The declaration under Section 6 was issued on 20.12.1996 and iii)The award itself was passed on 20.01.1997". 4.After a long time, the petitioners made representations for the release of the land under Section 48-B of the Land Acquisition Act. On an order passed by this Court, the Government issued G.O.(2D) No.57, Backward Class and Most Backward Class and Minority Department, dated 01.12.2008 calling for a report from the Collector. The Collector appears to have sent a favourable report on 21.07.2009. 5.However, the petitioners came up with a fresh writ petition in W.P.No.10097 of 2010 seeking a direction to the respondents to consider and pass orders. On the basis of the said order, the third respondent has passed the impugned order rejecting the request for release of the property. 6.The facts would indicate that the petitioners sought the release of the lands under Section 48-B after 14 years of the award. The lands have already vested with the Government under Section 16 of the Act. The settled position is that such application especially after such long lapse of time, cannot be entertained. Therefore, there is no reason to interfere with the impugned order passed by the third respondent. Hence, the writ petition is dismissed. No costs. SD DEPUTY REGISTRAR ( ACCOUNTS ) /TRUE COPY/ ASST REGISTRAR sms To 1.The Secretary to Government, Backward Classes and Most Backward Classes Welfare, Fort St., George, Chennai-600 009. 2.The District Collector, Tuticorin District, Korampallam, Tuticorin-628 101 3.The Special Tahsildar, Land Acquisition, Adhi Dravidar Welfare, Tuticorin-628 101 DM::2011:DECEMBER:01:: Writ Petition(MD)No.11658 of 2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/