IN THE HIGH COURT OF JUDICATURE AT MADRAS Date: 28.2.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.4787 of 2011 and M.P.No.1 of 2011 Kandasamy. .. Petitioner vs. 1.The State of Tamil Nadu, represented by its Secretary to Government Housing and Urban Development Department, Fort St. George, Chennai-600 009. 2.The District Collector, Salem District. 3.The Special Tahsildar, Land Acquisition Neighbourhood, Namakkal, Salem District. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 15.11.2005 to exclude petitioner's land with an extent of 2300 sq. ft. situated in S.No.61/7 Bharathy Nagar, Mohanur Road, Namakkal District from the purview of acquisition proceedings issued in G.O.Ms.No.352 Housing and Urban Development Department dated 8.4.1995, in the light of the orders of this court made in W.P.No.6484 of 1988 dated 10.2.1997. For Petitioner : M/s.Selvi George For Respondents : Mr.L.S.M.Hasan Fizal, Government Advocate. https://hcservices.ecourts.gov.in/hcservices/ O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 15.11.2005 to exclude petitioner's land with an extent of 2300 square feet situated in S.No.61/7 Bharathy Nagar, Mohanur Road, Namakkal District from the purview of acquisition proceedings issued in G.O.Ms.No.352 Housing and Urban Development Department dated 8.4.1995, in the light of the orders of this court made in W.P.No.6484 of 1988 dated 10.2.1997. 2. Mr.L.S.M.Hasan Fizal, learned Government Advocate, takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal. 3. Petitioner's plea is that she is the owner of the property which is the subject matter of acquisition by the respondent Housing Board for some housing scheme. In the case of similarly placed person, the Government has withdrawn the acquisition proceedings based on records to show occupation or construction of residential building. Petitioner seeks similar relief. 4. Unfortunately, in support of his plea, petitioner has not shown any document that he is in occupation of the property. A mere representation claiming to be the owner of the property and relying upon the earlier order passed by this Court will not give the petitioner any right to consider the representation as stated in the representation. Further, this Court finds that the petitioner is not diligent in pursuing the matter. After the representation dated 15.11.2005, there is a stalemate for more than 4 years. Thereafter, on 25.10.2009 one other representation is said to have been given and that is without acknowledgment. Thereafter, petitioner did not pursue the matter for two years till February, 2011. 5. In such view of the matter, this Court finds that no relief can be granted to the petitioner for want of proper document and in the absence of proper plea for mandamus showing an existing right. Further, the relief sought for is hit by delay and laches. The writ petition is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar. /true copy/ Sub Asst. Registrar. https://hcservices.ecourts.gov.in/hcservices/ ts To 1.The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009. 2.The District Collector, Salem District. 3.The Special Tahsildar, Land Acquisition Neighbourhood, Namakkal, Salem District. + 1 cc to M/s. Selvi George, Advocate SR.14218 + 1 cc to Government Pleader Sr.14532 W.P.No.4787 of 2011 BVR(CO) EU/RVL 22.3.11 https://hcservices.ecourts.gov.in/hcservices/