Madras High Court
The Honourable Mr.Justice vs The Secretary To Government Of ... on 9 July, 2021
W.P. No.19565 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2021
CORAM
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
W.P. No. 19565 of 2020
1. A. Mariammal
W/o. Arulappan
2. Annamery,
W/o. Chinnappan
3. Esthar Rani,
W/o. Paulnathan
4. Josebinmery
W/o. Dhanislas
5. Shanthi,
W/o. Thomas
6. Anitha,
W/o. Donbosco
7. Salethmery,
W/o. Pakkianathan
8. Reginamary,
W/o. Anthonysamy
1/10
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W.P. No.19565 of 2020
9. Uthiriyamery,
W/o. Ambrose
10. Arul,
H/o. late Mery
11. Thresa,
W/o. Hoseph
12. Paulinmery,
W/o. Irudhayam
13. Motcharagini,
W/o. Parnabass
14. Annapoorani,
W/o. Lourdusamy
15. Arokkiya Mery,
D/o. late Lurthumery
16. Arulaai,
W/o. Vanathusamy
17. Selvi
W/o. Baburaj
18. Prakasam
W/o. Arulappan
19. Lourdumery
W/o. Thresnathan
20. Johnmery
W/o. Divyanathan
2/10
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W.P. No.19565 of 2020
21. Annakkili
W/o. Gabarel
22. Mery
W/o. Chinnapparaj
23. Mery
W/o. Alphonse
24. Charles
H/o. Selinselvamery
25. Lourdumery,
W/o. Lourdusamy
26. Elenmery,
W/o. Dominicsevier
27. Fathima,
W/o. Selvam
28. Dhansu,
S/o. late Rosma
29. Kalarani,
W/o. Aruldoss ... Petitioners
Vs
1. The Secretary to Government of Tamil Nadu
Adhi Dravidar Welfare Department,
St. George Fort,
Chennai 600 009.
2. The District Collector,
Office of the District Collector,
Villupuram, Villupuram District.
3/10
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W.P. No.19565 of 2020
3. The District Adhi Dravidar Welfare Officer,
Villupuram,
Villupuram District.
4. The Special Tahsildar,
Land Acquisition & Adhi Dravidar Welfare,
Gingee, Villupuram District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of mandamus directing the respondents to take effective steps
to make necessary entries by mutation of revenue records in favour of the
petitioners to the lands in Survey Numbers 31/10, 13, 15, 16 & 17 of
Thamanur village, Gingee Taluk, Villupuram District based on the excising
pattas and officially hand over the possession of the respective lands as per
the findings of this Court
For petitioners ... Mr. V.R. Appaswamee
For respondents ... Mr. Yogesh Kannadasan,
Government Advocate
ORDER
This Writ Petition has been filed seeking a direction to the
respondents to mutate the revenue records in favour of the petitioners in
Survey Numbers 31/10, 13, 15, 16 & 17 of Thamanur Village, Gingee
Taluk, Villupuram District.
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W.P. No.19565 of 2020
2. The brief facts leading to file the writ petition reads as
follows:
Earlier, the respondents acquired the lands in the above said
survey numbers for providing house sites to the petitioners under the
Tamilnadu Acquisition of land for Harizan Welfare Scheme Act (Act 31/78)
and patta was also granted in their favour. In the meantime, one Gopal
Gounder/the land owner of the said land has filed a writ petition in
W.P.No.4997 of 1999, before this Court, and this Court, by an order dated
06.01.2019, set aside the acquisition proceedings on the ground that the
petitioners belong to converted Christians and they will not come under the
category of Adi Dravidars and hence, the respondents cannot be granted
house sites under the Tamil Nadu Acquisition of Land for Harijan Welfare
Schemes Act (Act 31/1978). However, this Court has given a liberty to the
respondents to initiate acquisition proceedings under the Central Act
1/1894. Thereafter, another land owners of the neighbouring property filed
a writ petition in W.P.No.4087 of 2008, and this Court, by an order dated
12.06.2009, allowed the same by setting aside the acquisition proceedings,
following the order passed in the earlier writ petition. Since the land owner
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W.P. No.19565 of 2020
was in possession of the property, status-quo was ordered with regard to his
possession. Now, the petitioners being beneficiaries,who have already got
patta, had approached the authorities to mutate the revenue records in their
names and the same has not been considered so far. Hence, the present writ
petition has been filed.
3. The learned counsel for the petitioners would submit that
even though the acquisition proceedings has been set-aside by this Court,
this Court has given liberty to the respondents to initiate acquisition
proceedings under the Central Act 1 of 1984, for the purpose of giving
house sites to the beneficiaries. But, so far no acquisition proceedings has
been initiated for providing site.
4. Earlier, this Court directed the 2nd respondent to file a status
report regarding the steps taken for initiating land acquisition proceedings.
Today a status report has been filed by the second respondent/District
Collector, wherein, it is stated as follows:-
" It is respectfully submitted that based on the judgments
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W.P. No.19565 of 2020
issued in the Hon'ble Court, the land acquisition process was
initiated under the Land Acquisition Act, 1984 (1 of 1894),
accordingly an administrative sanction and publication of
4(1) Notification, proposals was sent to the Government as
per the Act. In the meanwhile the Government of India has
enacted the right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013(
Central Act 30/2013) (RFCTLARR Act, 2013), repealing the
erstwhile Land Acquisition Act, 1894 has come into force
from 01.01.2014. Administrative sanction orders to proceed
further in the above matter are awaited from the
Government. "
5. I have considered the submissions made on either side and
perused the materials available on records carefully.
6. Admittedly, earlier, the land acquisition proceedings has
been set-aside by this Court and so far no fresh acquisition has been
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W.P. No.19565 of 2020
initiated, and the petitioners cannot claim any right over the property based
on the patta issued in their favour. In the said circumstances, the petitioners
cannot seek for mutation of revenue records in their favour. Hence, the
prayer sought for in the writ petition cannot be granted and the writ petition
is liable to be dismissed.
7. Accordingly, this writ petition is dismissed. No costs.
However, considering the fact that already the respondents are taking steps
to acquire the land, it is for the Government to expedite the land acquisition
proceedings.
09.07.2021
Index: Yes/ No 1/2
Internet: Yes/No
Speaking Order/Non-speaking Order
mrp
To
1. The Secretary to Government of Tamil Nadu
Adhi Dravidar Welfare Department,
St. George Fort,
Chennai 600 009.
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W.P. No.19565 of 2020
2. The District Collector,
Office of the District Collector,
Villupuram, Villupuram District.
3. The District Adhi Dravidar Welfare Officer,
Villupuram,
Villupuram District.
4. The Special Tahsildar,
Land Acquisition & Adhi Dravidar Welfare,
Gingee, Villupuram District.
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W.P. No.19565 of 2020
V. BHARATHIDASAN, J.
mrp
W.P. No. 19565 of 2020
09.07.2021
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