Madras High Court

WP(MD)/1200/2018 of SIVANANDI Vs THE GOVERNMENT OF TAMIL NADU on 12 October 2026

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WP(MD) No. 1200 of 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12-10-2026

CORAM

THE HON'BLE MR JUSTICE K.KUMARESH BABU

WP(MD) No. 1200 of 2018

CNR:{HCMD010809382018}

and

WMP(MD) Nos.1270 to 1272 of 2018

Sivanandi,

S/o. Pandi Thevar

..Petitioner(s)

Vs

1. The Government of Tamil Nadu,

Rep. by its Commissioner and Secretary,

Department of Housing And Urban Development, Fort St. George, Chennai-600 009.

2. The Tamil Nadu Housing Board,

Rep. by its Executive Engineer Cum

Executive Officer,

Ellis Nagar, Madurai.

3. The Special Tahsildar(LA),

South Sub-Urban Scheme,

Collectorate Buildings, Madurai-20.

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Award No.11/1988 dated 14.10.1988 passed by the 3rd respondent and quash the same in respect of the property owned by the petitioner by declaring the award is lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and consequently direct the Respondents to pass appropriate orders deleting the Property

WP(MD) No. 1200 of 2018

owned by the petitioner’s family from the purview of acquisition under the South Sub-Urban Scheme, Madurai.

For Petitioner(s):

Mr.R.Aravindan

For Respondent(s):

Mr.S.Venkatesh

Additional Government Pleader

for RR1 & 3

Mr.M.Suresh

Standing Counsel for R2

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ORDER

The present writ petition has been filed seeking the relief under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act, 2013” for brevity).

2. A Constitution Bench of the Hon’ble Apex Court had interpreted Section 24(2) of the Act, 2013 and had held that anyone of the contingencies viz., the deposit of the amount before the appropriate Court or the possession of the lands had been taken, then Section 24(2) of the Act, 2013 could not be invoked to hold that the proceedings under the Land Acquisition Act had lapsed. It had categorically held that twin conditions should subsist for invoking the powers under Section 24 of the Act, 2013 for declaring the land acquisition proceedings as lapsed.

WP(MD) No. 1200 of 2018

3. In the present case, an award came to be passed and pursuant to the orders of this Court in W.P.(MD) No.5163 of 2009, dated 01.09.2009, the award amount of sum of Rs.5,61,094.50 had been deposited with the learned Subordinate Judge, Madurai vide Cheque No.“107807”, dated 31.03.1989. In such view of the matter, this Court is of the view that by application of the judgment of the Hon’ble Apex Court, this Court would not be entitled to declare the land acquisition proceedings as lapsed.

4. Accordingly, this Writ Petition fails and the same is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are also dismissed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ABR

WP(MD) No. 1200 of 2018 To

1. The Commissioner and Secretary, The State of Tamil Nadu, Department of Housing And Urban Development, Fort St. George, Chennai-600 009.

2. The Executive Engineer Cum Executive Officer, The Tamil Nadu Housing Board, Ellis Nagar, Madurai.

3. The Special Tahsildar(LA), South Sub-Urban Scheme, Collectorate Buildings, Madurai-20.

WP(MD) No. 1200 of 2018 K.KUMARESH BABU, J. ABR WP(MD) No. 1200 of 2018 12-10-2026

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