Madras High Court
WP(MD)/13054/2015 of DR.S.GOPAL SURENDRAN Vs THE STATE OF TAMILNADU on 16 October 2026
WP(MD) No. 13054 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
WP(MD) No. 13054 of 2015
CNR:{HCMD010895512015}
and
M.P.(MD)No.1 of 2015
Dr.S.Gopal Surendran
..Petitioner
Vs
1. The State Of Tamilnadu
Rep.By Its Secretary To Government,
Housing & Urban Development Department,
Fort.St.Goerge, Chennai.
2. The Land Acquisition Officer
Special Tahsildar, Neighbourhood Scheme, Nagarcoil.
3. Executive Engineer And
Administrative Officer,
Tamilnadu Housing Board Unit,
Tirunelveli.
..Respondents
PRAYER:
To issue a Writ of Declaration or any other appropriate writ or direction to declare that the Land Acquisition Proceedings initiated under the Land Acquisition Act, 1894, with respect to the lands of an extent of 19 cents out of 35 cents comprised in T.S.No.L.5/10-1 of Vadiveeswaram Village, Agasteeswaram Taluk, Kanyakumari District belonging to the petitioner as lapsed in view of the Section 24(2) of the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013(Act 30
of 2013).
For Petitioner:
Mr.Mohamed Haniff
WP(MD) No. 13054 of 2015
For Respondents:
Mr.I.Pinaygash
Special Government Pleader
For R1 And R2
Mr.S.Velmurugan For R3
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ORDER
Heard the learned counsel appearing on either side.
2. This Writ Petition is filed for issuance of Writ of Declaration to declare that the Land Acquisition Proceedings initiated under the Land Acquisition Act, 1894, with respect to the lands of an extent of 19 cents out of 35 cents comprised in T.S.No.L.5/10-1 of Vadiveeswaram Village, Agasteeswaram Taluk, Kanyakumari District belonging to the petitioner as lapsed in view of the Section 24(2) of the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and resettlement Act 2013(Act 30 of 2013).
3. The Writ Petition has been filed under the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The said provision was considered by the Hon’ble Apex Court in a Constitution Bench judgment in the case of Indore Development Authority v. Manoharlal, reported in (2020) 8 SCC 129, wherein it was categorically held that, for applying the provisions of Section 24(2), the twin conditions, namely, that possession ought not to have been taken over by the acquiring authority and that the compensation
WP(MD) No. 13054 of 2015 amount should not have been paid, must be satisfied. The said provision also takes into account the deposit of compensation in Court in accordance with law.
4. Hence, for this Court to exercise its power to declare the land acquisition proceedings as having lapsed, it should not only examine whether possession had been taken over but also consider the manner in which the compensation awarded had been dealt with. Even though the petitioner claims to be in possession of the property, the said claim is disputed by the beneficiary, namely, the Housing Board. The panchnama, which is required to establish the taking over of possession, as per the principles laid down by the Constitution Bench, has not been placed on record.
5. Be that as it may, the deposit of compensation before the competent Reference Court under Section 31(2) of the Land Acquisition Act, 1894, has been placed on record, which indicates that the deposit had been made as early as in the year 1993. In such view of the matter, one of the twin conditions for invoking Section 24(2) is not satisfied, and this Court cannot exercise its power under Section 24(2) to declare the land acquisition proceedings as having lapsed. In that regard, the Writ Petition fails and is liable to be dismissed.
WP(MD) No. 13054 of 2015
6. In fine, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition stands closed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Nsr To:
1. The Secretary To Government, Housing & Urban Development Department, Fort.St.Goerge, Chennai.
2. The Land Acquisition Officer Special Tahsildar, Neighbourhood Scheme, Nagarcoil.
3. Executive Engineer And Administrative Officer, Tamilnadu Housing Board Unit, Tirunelveli.
WP(MD) No. 13054 of 2015 K.KUMARESH BABU, J. Nsr WP(MD) No. 13054 of 2015 16-10-2026