Madras High Court
C.Thiruthambi vs The District Collector on 5 October, 2021
W.P.Nos.12973 and 12974 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2021
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.12973 and 12974 of 2013
and
M.P.Nos.2 and 2 of 2013
C.Thiruthambi ... Petitioner in W.P.No.12973 of 2013
1. C.Ramasamy (Deceased)
2. C.Thiruthambi ... Petitioner in W.P.No.12974 of 2013
nd
(2 petitioner substituted
in the place of deceased
sole petitioner vide
order dated 05.10.2021 made in
W.M.P.No.22332 of 2021 in
W.P.No.12974 of 2013 by GKIJ)
Vs.
1.The District Collector,
Namakkal District,
Namakkal.
2.The Revenue Divisional Officer,
Tiruchengode.
3.The Tahsildar,
Tiruchengode.
https://www.mhc.tn.gov.in/judis/
1/8
W.P.Nos.12973 and 12974 of 2013
4.The Special Tahsildar,
Adi Dravider Welfare,
Namakkal. ... Respondents in both W.Ps.
Common Prayer: Writ Petitions filed under Article 226 of the
Constitution of India praying to issue a writ of Certiorari, calling for the
records of the 1st Respondent pertaining to his Proceedings in
R.O.C.No.34471/2012/D-2) dated 20.03.2013, published in the
Namakkal District Gazette on 03.04.2013 and quash the same.
For Petitioner
in both W.Ps : Mr.P.Valliappan
For Respondents
in both W.Ps : Mr.M.R.Gokul Krishnan
Govt. Advocate
COMMON ORDER
Both the Writ Petitions have been filed to issue a writ of
Certiorari, calling for the records of the 1st Respondent pertaining to his
Proceedings in R.O.C.No.34471/2012/D-2) dated 20.03.2013, published
in the Namakkal District Gazette on 03.04.2013 and quash the same.
2. The case of the petitioners is that the property comprised in
S.No.58/2B ad-measuring 2.79 acres situated at Kaliyanur Amani
Village, Tiruchengode Taluk is owned by the petitioners. However,
https://www.mhc.tn.gov.in/judis/
W.P.Nos.12973 and 12974 of 2013
without their knowledge, the said property was converted into
Arunthathiar Colony. According to the petitioners, no notice was served
on them and the lands were acquired under the Tamil Nadu Acquisition
of Land for Harijan Welfare Schemes Act, 31 of 1978, and award has
been passed on 20.03.1981. Later, the said Act was struck down by this
Court. It was challenged before the Hon'ble Supreme Court of India and
the Hon'ble Supreme Court of India upheld the Tamil Nadu Acquisition
of Land for Harijan Welfare Schemes Act, 1978. (hereinafter referred to
as 'the Act') Subsequently, the petitioners have also filed a suit in
O.S.No.2 of 1999 on the file of the Additional District Munsif Court,
Tiruchengode for declaration of title and for permanent injunction. It was
decreed in respect of declaration prayer alone and dismissed with regard
to permanent injunction. It was challenged by the petitioner's father and
Ramasamy by filing an appeal suit in A.S.No.38 of 2011 and the same
was also dismissed by judgment and decree dated 09.07.2012. While that
being so, the 4th respondent herein issued Form 1 under Rule 3(i) of the
Act and Section (ii) of the Act calling upon the petitioners to give their
objections. Therefore, the petitioners gave their objections dated
11.02.2013 stating that the said land in question is the petitioners only
https://www.mhc.tn.gov.in/judis/
W.P.Nos.12973 and 12974 of 2013
source of livelihood. In fact, the Land Acquisition proceedings dropped
in the year 1994, after a period of so many years, the present notification
was issued under 4(1) of the said Act to the effect that the Government
has decided to acquire the aforesaid lands.
3. The learned counsel for the petitioner contended that the 1 st
respondent failed to record the satisfaction as mandated under Section
4(1) of the Act and the satisfaction of the Government is not
contemplated under the said Act. In support of his contentions, he relied
upon the judgments of this Court in which it has been held as follows:-
1.State of Tamil Nadu and others v. Ananthi Ammal and
others reported in AIR 1995 SC 2114.
2.G.Ramakrishna Naidu (deceased) and 2 others v. The
District Collector, North Arcot Ambedkar District, Vellore, North
Arcot District and another reported in 2001 (3) CTC 649.
3.K.V.Purushothma Naidu v. The District Collector, North
Arcot Ambedkar District, Vellore and another reported in 2004(3) CTC
4.Jainabi v. The State of Tamil Nadu reported in 2006 (5)
CTC 163.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.12973 and 12974 of 2013
5.R.Pari v. The Special Tahsildar, Adi Dravidar Welfare,
Devakkottai reported in 2006 (4) CTC 609.
6.M.Nagu and others v. The District Collector, Sivagangai
District. 2. The Special Tahsildar (ADW), Sivagangai reported in 2008
(2) CTC 468.
7.Rajammal and others v. 1.The District Collector,
Dharmapuri, 2.The Additional Special Tahsildar (Adi Dravidar
Welfare), Harur, Dharmapuri District reported in 2008 (5) CTC 154.
8.S.Palanisamy, 2.Rajagopal, 3S.Prakasam v. The District
Collector, Coimbatore District, Coimbatore, 2.The Special Tahsildar,
Adi Dravidar Welfare, Pollachi, Coimbatore District reported in 2012
(1) CWC 814.
9.Rajangam v. The District Collector, Nagapattinam, 2.The
Revenue Divisional Officer, Mayiladuthurai, 3.The Special Tahildar
(Adi Dravidar Welfare) cum Land Acquisition Officer, Sirkali,
Nagapattinam District reported in 2013 (1) CWC 636.
4. On perusal of the counter affidavit filed by the
1st respondent, it reveals that the Special Tahsildar, Tiruchengode had
acquired the land ad-measuring to an extent of 1.23 acres comprised in
https://www.mhc.tn.gov.in/judis/
W.P.Nos.12973 and 12974 of 2013
S.No.58/2B1 situated at Kaliyanur Village, Tiruchengode Taluk,
Namakkal District under the provisions of the Act to provide free house
sites to the Arunthathiars of Kaliyanur Village. Subsequently, after
passing the award in Award No.4/1980-81 dated 20.03.1981, the
compensation amount had been deposited to the Sub-Treasury,
Tiruchengode, since the petitioner refused to accept the award, the
acquired lands were classified as ''Arunthathiyars Natham'' in the revenue
records. However, the people of Arunthathiyar Community encroached
the subject lands and constructed huts and houses without issuance of
any free house site pattas and living there.
5. Admittedly, the persons who encroached the said subject
property are living there for the past 30 years. Therefore, the ground
raised by the petitioner cannot be considered, since all the properties
were now occupied by the Arunthathiyars and they were not issued any
free house site pattas. Therefore, no purpose would be served if 4(1)
notification is quashed by this Court. Therefore, this Court deems it fit to
direct the 1st respondent to consider the petitioner's request for allotment
of an alternate property.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.12973 and 12974 of 2013
6. Accordingly, the petitioners are directed to submit their
representation to the 1st respondent within a period of two weeks from
the date of receipt of a copy of this order for allotment of alternate lands
for their livelihood. On receipt of the same, the 1st respondent is directed
to pass orders on merits and in accordance with law within a period of
six weeks thereafter.
7. With the above direction, both the writ petitions are
disposed of. No costs. Consequently, connected miscellaneous petitions
are closed.
05.10.2021
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
ssn
https://www.mhc.tn.gov.in/judis/
W.P.Nos.12973 and 12974 of 2013
G.K.ILANTHIRAIYAN, J.,
ssn
To
1.The District Collector,
Namakkal District,
Namakkal.
2.The Revenue Divisional Officer,
Tiruchengode.
3.The Tahsildar,
Tiruchengode.
4.The Special Tahsildar,
Adi Dravider Welfare,
Namakkal.
W.P.Nos.12973 and 12974 of 2013
and
M.P.Nos.2 and 2 of 2013
05.10.2021
https://www.mhc.tn.gov.in/judis/
