JUDGMENT :- 1. This writ petition is filed to call for the records relating to the Letter bearing No.13875/LAIV(2)/2000-12 dated 04.03.2004; Letter No.11857/LA4(2)/2006 dated 12.10.2007; culminating the letter No.12549/LA4(2)/2007-9 dated 25.08.2008 and Lr.No.(Ms)No.26, dated 10.02.2010 on the file of the second respondent and consequent advertisements dated 31.10.2010 published in "The Hindu" daily news paper in so far as it relates to petitioners lands mentioned in Serial Nos.80 to 95 and advertisements dated 09.01.2011 published in Dinathanthi daily news paper in so far as it relates to petitioners lands mentioned in Serial Nos.64 to 78 and quash the same and consequently to direct the respondents to reconvey the petitioners lands measuring an extent of 2.71 acres comprised in S.Nos.1/3,1/4,2/3,2/10,2/13 Allagapuram Pudur Village, Salem. 2. The Hon'ble Apex Court, in Tamil Nadu Housing Board – Vs. - L.Chandrasekaran (Dead) by LRs. and others reported in (2010)2, SCC 786) with regard to power of the State Government while exercising power under Section 48-B of the Land Acquisition Act 1894 ( as amended Tamil Nadu Land Acquisition (Amendment) Act 16 of 1997, held as follows:- "It need no emphasis that in exercise of power under Section 48-B of the Act, the Government can release the acquired land only till the same continues to vest in it and that too if it is satisfied that the acquired land is not needed for the purpose for which it was acquired or for any other public purpose. To put it differently, if the acquired land has already been transferred to other agency, the Government cannot exercise power under Section 48-B of the Act and reconvey the same to the original owner. In any case, the Government cannot be compelled to reconvey the land to the original owner if the same can be utilised for any public purpose other than the one for which it was acquired." 3. The petitioner in this case claims to be the legal heir of the erstwhile owner, from whom, the land was acquired for the purpose of Housing Board Scheme. The proceedings initiated under the Land Acquisition Act (Central Act) is completed and the possession of the property is admittedly with the Tamil Nadu Housing Board. The petitioner has been making repeated request for re-conveyance of the property stating that the land in question has not been utilised for the purpose for which, it has been acquired. 4. The proceedings initiated under the Land Acquisition Act (Central Act) is completed and the possession of the property is admittedly with the Tamil Nadu Housing Board. The petitioner has been making repeated request for re-conveyance of the property stating that the land in question has not been utilised for the purpose for which, it has been acquired. 4. At present, the petitioner in order to invoke Section 48-B of the Land Acquisition Act should fall within the parameters prescribed under Section 48-B of the Land Acquisition Act. If not, he will have no cause of action to challenge the orders of rejection on the application requesting for reconveyance of the property. More so, in a case where the land in question acquired by the Housing Board continues to be in its possession. It is not vested with the Government in order to seek the benefit under Section 48-B of the Land Acquisition Act. Hence the plea as above has no legal basis and is rejected. 5. In such view of the matter, this writ petition fails challenging the auction notice of the housing board fails and is dismissed. Consequently, M.P.Nos. 1 and 2 are dismissed. No costs.