Madras High Court
T. Murugan vs The District Collector on 24 September, 2021
W.P.No.6334 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.6334 of 2013
and
M.P.Nos. 2 of 2013 & 1 of 2014
1. T. Murugan
2. T. Mattukkaran
3. V.Chennammal
4. Minor Ramesh
5. Minor Roja
(Petitioners 4 and 5 are minors
represented by mother and
natural guardian V.Chennammal) .... Petitioners
Vs
1. The District Collector,
Dharamapuri District,
Dharmapuri.
2. The Special Tahsildar,
Adi Dravidar and Tribal Welfare,
Harur,
Dharmapuri District. .... Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus calling for the
records to notification in Na.Ka.No.1335/2003/A dated 07.05.2012 of the
second respondent published in Dharmapuri District Gazette dated
1/8
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W.P.No.6334 of 2013
22.06.2012, to quash the same and to issue consequential direction to the
respondents to restore possession of the landed property (Punja)
measuring 0.19.0 hectares in S.No.2/2B1 and 0.01.5 hectares in
S.No.2/2B2, in Kathiripatti Village, Harur Taluk, Dharmapuri District,
forthwith.
For Petitioners : Mr.T.Panchatsaram
For Respondents : Mr.M.R.Gokul Krishnan
Government Advocate
ORDER
This Writ Petition has been filed to issue a Writ of
Certiorarified Mandamus calling for the records to notification in
Na.Ka.No.1335/2003/A dated 07.05.2012 of the second respondent
published in Dharmapuri District Gazette dated 22.06.2012, to quash the
same and to issue consequential direction to the respondents to restore
possession of the landed property (Punja) measuring 0.19.0 hectares in
S.No.2/2B1 and 0.01.5 hectares in S.No.2/2B2, in Kathiripatti Village,
Harur Taluk, Dharmapuri District, forthwith.
2. Heard, Mr.T.Panchatsaram, the learned counsel appearing
for the petitioners and Mr.M.R.Gokul Krishnan, the learned Government
Advocate appearing for the respondents.
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W.P.No.6334 of 2013
3. The case of the petitioners is that the land comprised in
Survey No. 2/2B1 ad-measuring 0.19.0 hectares situated at Kathiripatti
Village, Harur Taluk, Dharmapuri District belong to their joint family.
They belong to Tribal community and downtrodden people and they are
very poor. While being so, in the year 2000, the second respondent
trespassed into property and commenced construction of hostel for the
students of the Government Tribal School (hereinafter called as “GTR
School”).
4. Further, the case of the petitioners is that there was no
notice under The Land Acquisition Act. Therefore, the petitioners filed a
suit in O.S.No.63 of 2004 on the file of the District Munsif Court, Harur,
for declaration and recovery of possession in respect of the subject
property. By a Judgment and Decree dated, 22.02.2006, the said suit was
decreed in their favour. Aggrieved by the same, the respondents
preferred an Appeal Suit in A.S.No.25 of 2006, before the Sub Court,
Dharmapuri and the same was dismissed by a Judgment and Decree
dated 28.11.2007.
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W.P.No.6334 of 2013
5. While being so, the respondents initiated the proceedings
under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes
Act, 1978 (Tamil Nadu Act 31/1978) and issued notice under Section
4(1) of the Act. In fact, the petitioners also filed an Execution Petition in
R.E.P.No. 11 of 2008 on the file of the District Munsif Court, Harur and
delivery was also ordered on 05.03.2010. Even then, the respondents did
not hand over the possession of the subject property to the petitioners.
While being so, the second respondent has issued impugned notification.
In fact, the petitioners also submitted their objections to the second
respondent. Therefore, the entire proceedings is void ab initio and only
to escape from the clutches of law in the decree passed by the Civil Court
in O.S.No. 63 of 2004, in the impugned order issued by the second
respondent.
6. Per Contra, the first respondent filed a counter stating that
the land comprised in Survey No. 2/2B1, 2/2B2, 5/3C and 6/3A to an
extent of 0.52.5 cents situated in Kathiripatti Village, Harur Taluk,
Dharmapuri District, owned by the petitioner's father, i.e., Theerthagiri,
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W.P.No.6334 of 2013
under Patta No. 88. While being so, villages of Nattanvalavu
represented to the then respondents during the year 1987 to 1989 to open
a G.T.R.School in their village for the poor Scheduled Tribe children on
surrounding villages.
7. On the said request, the petitioner's father had willingly
come forward to donate his patta land to commence the said
G.T.R.School. Therefore, the general public of the entire village have
collected a sum of Rs.3,500/- and paid the said sum to the petitioner's
father in the year 1989 itself as compensation for the land donated by
him. Immediately, the thatched house was put up in the said land and the
G.T.R.School was commenced. Thereafter, by G.O.Ms.No 15, Adi
Dravidar and Trible Welfare Department, dated 06.02.1998, accorded to
sanction a sum of Rs. 25,49,500/- (Rupees Twenty Five Lakhs Forty
Nine Thousand and Five Hundred Only) for construction of terraced
school building. Accordingly, the funds were transferred and constructed
a terraced building even in the year 2000 itself. Thereafter, this school
was shifted to the terraced building and it was running there. However,
after the demise of their father, the petitioners claimed the said property.
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W.P.No.6334 of 2013
8. Though, the petitioners have donated the said property in
favour of the G.T.R.School, no donation deed was executed by him.
After four years for construction of pukka terraced building, the
petitioners have filed a suit in O.S.No.63 of 2004 on the file of the
District Munsif Court, Harur. Though, the respondents contested the
suit, it was decreed in favour of the petitioners. At that juncture, in order
to settle the present issue, the respondents have contested to proceed the
Land Acquisition proceedings under Section 4(1)(3) (b) of Tamil Nadu
Acquisition of Land for Harijan Welfare Schemes Act, 1978.
9. The counter further reveals that, after the decree passed by
the Civil Court, the school was shifted to the building owned by the
Forest Department which was constructed under T.A.P. Schemes for the
purpose of Community Training Hall as a temporary measures for time
being and also in order to safeguard the education of the students who
belongs to poor and downtrodden Scheduled Tribe of that area.
10. The learned counsel for the petitioner would submit that
the petitioners may be compensated as per the present cost of the land
and they are willing to receive the compensation. Considering the above
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W.P.No.6334 of 2013
and also to safeguard the G.T.R.School and its students welfare, the first
respondent is directed to issue notice under the Land Acquisition
proceedings under Section 4(1)(3) (b) of Tamil Nadu Acquisition of Land
for Harijan Welfare Schemes Act, 1978 and conduct proper enquiry and
award adequate compensation to the petitioners in accordance with law.
11. Therefore, the first respondent is directed to issue proper
notice to all the petitioners who are being the legal heirs of Theerthagiri
and conduct enquiry before passing award. It is made clear that the first
respondent is directed to consider the present market value of the land
and pay adequate compensation to the petitioners within a period of
twelve weeks from the date of receipt of copy of this order.
12. With the above direction, the writ petition is disposed of.
Consequently, connected Miscellaneous Petitions are closed. No costs.
24.09.2021
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Index:Yes/No
Internet:Yes/No
http://www.judis.nic.in
W.P.No.6334 of 2013
G.K.ILANTHIRAIYAN,J.
Lpp/mn
To
1. The District Collector,
Dharamapuri District,
Dharmapuri.
2. The Special Tahsildar,
Adi Dravidar and Tribal Welfare,
Harur,
Dharmapuri District.
W.P.No.6334 of 2013
and
M.P.Nos. 2 of 2013 & 1 of 2014
24.09.2021
http://www.judis.nic.in
