Authority: High Court of Judicature at Madras

Order Date: 15 October 2026

Case Overview

  • Parties: appellant – Sri Ramachandra Educational and Health Trust (represented by Managing Trustee); respondents – Parameswari (writ petitioner), State of Tamil Nadu (Housing and Urban Development Department), Tamil Nadu Housing Board, its Managing Director, Manager (Marketing and Service) and Executive Engineer (Besant Nagar Division).
  • Nature of proceedings: Writ appeal (W.A.No.3603 of 2025) filed under Clause 15 of the Letters Patent to set aside the order dated 12 Nov 2025 passed by the learned Single Judge in W.P.No.18367 of 2022.
  • Background:
  • 17 Jul 1978 – G.O.Ms.No.1096 (Land Acquisition Act) earmarked 96.92 acres, including Survey No.102/2 (0.94 acre), for Tamil Nadu Housing Board’s Besant Nagar Phase II scheme.
  • 17‑19 Jun 1981 – Twelve sale deeds (Doc.Nos.1613‑1624) executed by the four children of K.K. Pasupathy, including the writ petitioner, transferring the 0.94 acre to eleven purchasers (each 0.08 acre) and one purchaser (0.06 acre).
  • 06 Aug 1981 – G.O.Ms.No.667 declared acquisition under Section 6 of the Land Acquisition Act.
  • 23 Sep 1986 – Award No.3/1986; compensation paid to the twelve purchasers; land handed over to the Board on 28 Oct 1986.
  • 30 Apr‑22 Jun 1995 – Nine settlement deeds and three sale deeds (total 0.94 acre) executed in favour of the Trust (documents 2033‑2439 of 1995).
  • 03‑09 Dec 1997 – Government letters requesting exclusion/re‑conveyance of 8.94 acres for the Trust.
  • 12 Jun 1998 – G.O.Ms.No.208 (Housing & Urban Development Dept.) directed the Board to allot the land to the Trust for an office block, hospital, staff quarters, store for medicines, and educational/research work, and to sell it on payment of land cost.
  • 03‑09 Mar 2007 – Government fixed land cost at Rs 6,01,320 per ground.
  • 01 Jul 2014 – Board Resolution No.9.10 approving the sale.
  • 16 Jul 2014 – Sale deed (Doc.No.7806 of 2014) conveyed 7.44 acres to the Trust for Rs 33,46,79,000; Board acknowledged receipt.
  • June 2022 – Writ petition filed by Parameswari seeking reconveyance of her claimed 10,254 sq ft share and quashing of G.O.Ms.No.208, the Board’s 2014 resolution and sale deed.
  • 12 Nov 2025 – Single Judge’s order: rejected reconveyance, quashed G.O.Ms.No.208, set aside the 2014 sale deed, directed Board to refund Rs 33.46 crore with 6% simple interest, and ordered State to take over the land for public purpose.
  • Issues framed by Single Judge: (1) maintainability of writ petition; (2) right to reconveyance under Section 48‑B of the Land Acquisition Act; (3) legality of sale to the Trust; (4) lawfulness of G.O.Ms.No.208.

Final Outcome

  • The Division Bench allowed the appeal.
  • Findings on Issues 1 and 2 (that the writ petitioner had no enforceable right and could not seek reconveyance) were affirmed.
  • Findings on Issues 3 and 4 (that G.O.Ms.No.208 and the 2014 sale deed were invalid) were set aside.
  • Consequently, G.O.Ms.No.208 (12 Jun 1998), Board Resolution No.9.10 (01 Jul 2014), and the sale deed dated 16 Jul 2014 (Doc.No.7806) stand restored.
  • The direction to the Board to refund Rs 33.46 crore with 6% interest was set aside.
  • The writ petition (W.P.No.18367 of 2022) was dismissed.
  • No order as to costs was made.
  • All connected miscellaneous petitions were closed.

Topics: Land Acquisition, Public Purpose