1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.765 of 2011 and M.P.No.2 of 2011 R.Chandramohan :Appellant -Vs- 1.The State of Tamil Nadu Rep by its Commissioner and Secretary to Government, Housing and Urban Development Department, Fort.St.George, Chennai 600 009. 2.The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai 600 035. 3.The Executive Engineer, Tamil Nadu Housing Board, Thanjavur. :Respondents PRAYER:Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 27.10.2010 made in W.P.(MD).No.12945 of 2010 on the file of this Court. WP 12945/10:Petition filed under article 226 of the Constitution of India praying for the issuance of a writ of mandamus,directing the respondents to forthwith pass orders on the representation of the petitioners dated 10.01.06, 20.07.06 and 21.12.07 by releasing the lands of the petitioners comprised in Survey Nos.196/B, 1963, 196/11, 196/7, 197/6 and 197/8 Maharaja Samudram Village, Pattukottai Taluk, Thanjavur District admeasuring about 5.25 acres. For Appellant :Mr.M.Ramu For Respondent 3 :Mr.K.Balasubramanian JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] This Writ Appeal is directed against the order of the learned Single Judge dated 27.10.2010 made in W.P.(MD).No.12945 of 2010, by which the learned Single Judge has dismissed the Writ Petition filed by the appellant herein for the purpose of a direction against the respondents to consider the representations of the appellant dated 10.01.2006 and 20.07.2006 and 21.12.2007 for the purpose of reconveyance of the lands comprised in S.Nos.196/B, 196/3, 196/11, 196/7, 197/6 and 197/8, Maharaja Samudram Village, Pattukottai Taluk, Thanjavur District, on the ground that reconveyance is not a matter of right. 2.In fact, on a reference to the order of the learned Single Judge, it is seen that the learned counsel for the third respondent has clearly stated that the lands have been vested with the Housing Board. (*) 3. The Contention of the learned counsel for the appellant is that the properties to an extent of 25 acres of lands including that of the appellant were acquired and the same was challenged and ultimately in the https://hcservices.ecourts.gov.in/hcservices/ 2 Writ Appeal, the acquisition proceedings were quashed. Afterwards, a second notification was issued, which was impugned in the Writ Petition, acquiring the lands of the appellant herein for the purpose of neighbourhood scheme. It is in those circumstances, quoting that the earlier Writ Appeals have been allowed, and therefore, the purpose for which the lands were acquired has not subsisted, a representation has been made by the appellant for reconveyance of the lands. 4.Even though we do not propose to interfere with the order of the learned Single Judge, since the prayer in the Writ Petition is only for a direction against the respondents to consider the representations of the appellant dated 10.01.2006 and 20.07.2006 and 21.12.2007, we are of the view that a direction has to be issued to respondents 2 and 3 to consider the said representations and pass appropriate orders on merits within a stipulated time. 5.Accordingly, without expressing any opinion on the merits of the case, the Writ Appeal stands disposed of with a direction against respondents 2 and 3 to consider the representations of the appellant dated 10.01.2006 and 20.07.2006 and 21.12.2007 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. Till such orders are passed by respondents 2 and 3, status-quo, as-on-today shall be maintained. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Crl.side) (*)Amended as per order of this Court dated 15.09.2011. Sd/- Assistant Registrar(Crl.Side) / TRUE COPY / Sub Assistant Registrar To: To be substituted for order already despatched on 18.09.2011. 1.The Commissioner and Secretary to Government, Housing and Urban Development Department, Fort.St.George, Chennai 600 009. 2.The Managing Director,Tamil Nadu Housing Board, Nandanam, Chennai 600 035. 3.The Executive Engineer,Tamil Nadu Housing Board,Thanjavur. +1CC to Mr.K.Balasubramani, Advocate. SR.No.30718. +1CC to Mr.M.Ramu, Advocate SR.No.31643 NB JUDGMENT MADE IN W.A.(MD).No.765 of 2011 RP/12.09.2011/2P/6C. 09.09.2011 PA/16.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/