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Mrs.E.D.Ruby Vs. the Government of Tamilnadu

Mrs.E.D.Ruby vs The Government of Tamilnadu

Type Court Judgment Court Chennai Decided Jun 29, 2012
~2 min read
https://sooperkanoon.com/case/927328

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
Writ Petition No.16639 of 2012
Subject
Constitution

Case Summary

AI-generated summary - not the official court judgment text.

Constitution

Key legal issue
Constitution
Acts & sections
Constitution of India - Articles 226; Land Acquisition Act - Section 48(b)

Parties & Advocates

Appellant / Petitioner

Mrs.E.D.Ruby

Advocate Mr.R.N.Amarnath, Adv

Respondent

The Government of Tamilnadu

Advocate Ms.V.M.Velumani, Adv.

Legal References

Acts
Constitution of India - Articles 226; Land Acquisition Act - Section 48(b)

Excerpt

writ petition is filed under article 226 of the constitution of india praying to issue a writ of mandamus, directing the first respondent to reconvey the petitioner's land of an extent of 64 cents comprised in survey no.2120, situated in wallajapet, vellore district to the petitioner.order1. writ petition is filed praying to issue a writ of mandamus, directing the first respondent to reconvey the petitioner's land of an extent of 64 cents comprised in survey no.2120, situated in wallajapet, vellore district to the petitioner.2. ms.v.m.velumani, learned special government pleader takes notice for the first respondent and mr.vivekavanan, learned counsel takes notice for the respondents 2 and 3. by consent, the writ petition is taken up for final disposal.3. petitioner states that the lands which are acquired under g.o.ms.no.1451 housing and urban development department dated 28.10.1988, have been partly used and the rest of the acquired land are not put to use and the second respondent has recommended the reconveyance of the land. petitioner has made a representation on 22.2.2012 to the first respondent to take appropriate action for reconveyance in terms of section 48(b) of the land acquisition act.4. learned special government pleader states that the government will take decision on the matter as per law.5. considering the nature of relief sought for and the submission made by the learned special government pleader, without going into the merits of the petitioner's claim, the first respondent is directed to consider the claim of the petitioner in accordance with the provisions of the land acquisition act expeditiously, preferably within a period of twelve weeks from the date of receipt of a copy of this order. it is made clear this court has not expressed any opinion on the merits of the petitioner's claim.6. the writ petition is disposed of as above. no costs.

Full Judgment

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to reconvey the petitioner's land of an extent of 64 cents comprised in Survey No.2120, situated in Wallajapet, Vellore District to the Petitioner.

ORDER

1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to reconvey the petitioner's land of an extent of 64 cents comprised in Survey No.2120, situated in Wallajapet, Vellore District to the Petitioner.

2. Ms.V.M.Velumani, learned Special Government Pleader takes notice for the first respondent and Mr.Vivekavanan, learned counsel takes notice for the respondents 2 and 3. By consent, the writ petition is taken up for final disposal.

3. Petitioner states that the lands which are acquired under G.O.Ms.No.1451 Housing and urban Development Department dated 28.10.1988, have been partly used and the rest of the acquired land are not put to use and the second respondent has recommended the reconveyance of the land. Petitioner has made a representation on 22.2.2012 to the first respondent to take appropriate action for reconveyance in terms of Section 48(b) of the Land Acquisition Act.

4. Learned Special Government Pleader states that the Government will take decision on the matter as per law.

5. Considering the nature of relief sought for and the submission made by the learned Special Government Pleader, without going into the merits of the petitioner's claim, the first respondent is directed to consider the claim of the petitioner in accordance with the provisions of the Land Acquisition Act expeditiously, preferably within a period of twelve Weeks from the date of receipt of a copy of this order. It is made clear this court has not expressed any opinion on the merits of the petitioner's claim.

6. The Writ Petition is disposed of as above. No costs.

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