Madras High Court
G.Pattuswamy vs The State Of Tamil Nadu on 29 September, 2021
W.P.No.27454 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM:
THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN
W.P.No.27454 of 2019
G.Pattuswamy ... Petitioner
Versus
1. The State of Tamil Nadu,
Represented by its Principal Secretary to Government,
Social Welfare Department,
Secretariat, Chennai - 600 009.
2. The District Collector,
Ariyalur,
Ariyalur District.
3. The Special Tashildar,
Adi Dravidar Welafre,
Ariyalur,
Ariyalur District.
4. The Tashildar,
Udyarpalayam Taluk,
Jayamkondam,
Ariyalur District. ... Respondents
Page No.1 of 15
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W.P.No.27454 of 2019
Prayer: Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Certiorarified Mandamus to call for the
records of the impugned order passed by the fourth respondent in
Na.Ka.Aa1/8239/2018, dated 20.09.2018 and quash the same, and
consequently, to direct the fourth respondent to transfer the patta in the
name of the petitioner viz. Pattusamy and make necessary entries in the
Revenue Register in his name in respect of the land measuring to an
extent of 1 Acre and 53 1/2 cents comprised in Survey Nos.48/2, 48/4,
48/8, 48/20 and 48/9 of Ilayaperumal Nallur Village, Udayarpalayam
Taluk, Ariyalur District.
For Petitioner : Mr.K.Balu
For Respondents : Mr.V.Veluchamy
Government Advocate.
ORDER
This writ petition has been filed challenging the impugned order in
Na.Ka.Aa1/8239/2018, dated 20.09.2018 passed by the fourth
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W.P.No.27454 of 2019
respondent/Tahsildar and for consequential direction to the fourth
respondent to transfer the patta in the name of the petitioner and to make
necessary entries in the Revenue Register in his name in respect of the
land measuring to an extent of 1 acre and 53 1/2 cents comprised in
Survey Nos.48/2, 48/4, 48/8, 48/20 and 48/9 of Ilayaperumal Nallur
Village, Udayarpalayam Taluk, Ariyalur District.
2. The facts of the case are that the petitioner owns agricultural
lands in the above mentioned survey numbers and the pattas stand in his
father's name. When his father was alive, the 3rd respondent/Special
Tahsildar had initiated land acquisition proceeding to acquire the said
lands. However, his father filed W.P.No.9996 of 1981 challenging the
validity of the Tamil Nadu Act 31/78 as well as acquisition proceedings
and the said proceeding was quashed based on the judgment of the
Division Bench of this Court, dated 28.01.1982. As against which,
S.LP.No.3312 of 1981 was filed before the Hon'ble Apex Court. The
Hon'ble Apex Court, by order dated 22.11.1994 upheld the constitutional
validity of Tamil Nadu Act, 31 of 1978 except Sub Section (1) of Section
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W.P.No.27454 of 2019
11 of the said Act. Thereafter, the 3rd respondent issued a notice dated
12.12.1995 requesting the petitioner to come and collect the
compensation. Challenging the said notice, the petitioner filed
W.P.No.11419 of 1997. This Court, by order dated 18.11.2002, allowed
the said writ petition. Thereafter, there are no disturbances from the
respondents.
3.Be that as it may, when the petitioner has approached the Village
Administrative Officer, Illaiyaperumal Nallur Village, for grant of Patta
in his favour, he was shocked since the lands under his possession have
been classified as 'Harijan Natham Lands'. Hence, he sent several
representations on 29.06.2016, 24.12.2016 and 02.07.2018 to the
respondents to rectify the said mistakes, however, the said
representations have not been considered. Even thereafter, since there is
no progress, he filed W.P.No.20539 of 2018 directing the respondents to
consider his application dated 02.07.2018. This Court, by order dated
10.08.2018, directed the petitioner to submit a fresh application to the
fourth respondent/Tahsildar along with relevant documents and the
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W.P.No.27454 of 2019
fourth respondent was also directed to consider the same. Accordingly,
the petitioner submitted a fresh application on 20.08.2018. Even
thereafter, there is no progress. Hence, the petitioner issued a contempt
notice dated 20.05.2019 to the 3rd respondent/Special Tahsildar and the
third respondent directed the fourth respondent to comply with the order
dated 10.08.2018. Then, the petitioner's counsel received a letter dated
04.06.2019 from the second the respondent along with the impugned
order rejecting the petitioner's claim.
4. A Counter affidavit has been filed by the fourth respondent,
wherein, it has been specifically stated that challenging the validity of the
Tamil Nadu Act 31/78 as well as acquisition undertaken thereunder,
Late.Govindaraja Seepiliyar filed W.P.No.9996 of 1981 before this
Court. However, before filing of the said writ petition, the lands were
acquired under Land Acquisition Act, 1894 (Central Act 1 of 1894) after
giving Form-3 Notice. Admittedly, by judgment dated 28.01.1982, a
Division Bench of this Court invalidated the provision of Tamil Nadu
Act, 31/78 and allowed the writ petition. Following the said judgment of
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W.P.No.27454 of 2019
the Division Bench, insofar as the lands of late.Govindaraja Seepliyar is
concerned, this Court, quashed the acquisition proceedings.
5. The learned counsel appearing for the petitioner would submit
that the impugned order passed by the fourth respondent dated
20.09.2018 is totally non-application of mind, arbitrary and against the
orders of this Court dated 10.08.2018. He would further submit that the
Hon'ble Apex Court had already quashed the very land acquisition
proceedings in respect of the subject matter of lands. The contention of
the respondents that the subject matter of land has been classified as
'Harijan Natham' is in contravention to the letter and spirit of the
judgment passed by the Hon'ble Apex Court. The classification of the
land prior to the Hon'ble Supreme Court order would be considered as
non-existing and invalid. Thus, the fourth respondent has wrongly held
that the ancestral property of the petitioner is classified as 'Harijan
Natham'. Hence, he prayed for quashing the impugned order.
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W.P.No.27454 of 2019
6. Per contra, the learned Government Advocate appearing for the
respondents reiterated the contentions raised in the counter affidavit.
7.A perusal of the typed set of papers would show that the
Authorities have initiated the land proceedings long ago. In the year
1987, the said notification has been issued and the petitioner's father had
filed W.P.No.11419 of 1997 and this Court, by order dated 18.11.2002, it
was found that the petitioner's father, by name, Govindaraja Seepliyar has
challenged the notification issued under the provisions of Tamil Nadu
Act, 31/78 and published 4(1) notification in the Gazette on 06.12.1979.
Hence, the 3rd respondent issued a notice dated 12.12.1995 requesting the
petitioner to come and collect the compensation. Challenging the same,
he filed a writ petition in W.P.No.11419 of 1997, which was allowed by
this Court on 18.11.2002. Thereafter, the petitioner had approached the
Authorities seeking for transfer of Patta. Since no order has been passed,
he filed W.P.No.20539 of 2018. This Court had directed the Authorities
to consider the petitioner's claim. But the Authorities have rejected the
petitioner's claim by impugned order on the ground that already the said
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W.P.No.27454 of 2019
lands were acquired and they have been converted into Harijan Natham.
Aggrieved by the said impugned order, the present writ petition has been
filed.
8.Further, in the impugned order, it has been specifically stated as
follows:-
mhpaYhh; khtl;lk;. cilahh;ghisak; tl;lk;.
,isabgUkhs;ey;Yhh; k$puh rj;jpuk; fpuhkj;ijr;
nrh;e;j jpU/gl;Lrhkp vd;gthpd; je;ij
jpU/nfhtpe;juh$; rPgg; pypahh; vd;gth; mDgtk;
bra;J Mjpjpuhtplh; eyj;Jiwapd; K:yk; jkpH;ehL
Mjpjpuhtpl kf;fSf;fhd epyf;ifafg;gLj;Jk;
rl;lk; 31-1978?d;go nkw;go epyj;jpid
ifafg;gLj;Jtjw;F chpa rl;lj;jpl;l';fSf;F
cl;gl;L epyf;ifaf eltof;if
nkw;bfhs;sg;gl;lJ/ mjid Ml;nrgpj;J
jpU/nfhtpe;juh$; rPgg; pypahh; vd;gtuhy; fle;j
1981?k; Mz;L W.P.No.9996 of 1981- d;go
brd;id cah;ePjpkd;wj;jpy; tHf;F bjhlug;gl;lJ/
mt;tHf;F bjhlug;gl;ljw;F Kd;g[ nkw;go
cilikjhuhpd; epy';fs; 1894- k;; Mz;L epyk;
ifafg;gLj;Jjy; rl;lj;jpd; (kj;jpar;rl;lk; 1-1894)
4(1) gphptpd; fPH; gotk; ? 3 mwptpg;g[
bfhLf;fg;gl;L epyk; ifafg;gLj;jg;gl;Ls;sJ/
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W.P.No.27454 of 2019
mjd;gpd;dh; jpU/nfhtpe;jrhkp rPg;gpypahh;
kfd; jpU/gl;Lrhkp vd;gth; epyk;
ifafg;gLj;jg;gl;lJ Fwpj;J Ml;nrgpj;J brd;id
cah;ePjpkd;w W.P.No.11419 of 1997- d;
K:yk; tHf;F bjhlug;gl;L tprhuiz eilbgw;W
fle;j 18/11/2002?y; ,Wjp jPh;gg; hiz
gfug;gl;Ls;sJ/
mj;jPh;g;ghizapy; cilahh;ghisak; tl;lk;.
,isabgUkhs;ey;Yhh; fpuhk g[y vz;fs;. 48-2.
48-4. 48-8. 48-20 kw;Wk; 48-9?y;
Mjpjpuhtplh;fSf;F ,ytr tPl;Lkidg;gl;lh
tH';Ftjw;fhf ifafg;gLj;jg;gl;l epy';fis 3?k;
gpujpthjpahd jdptl;lhl;rpah; (M/jp/e) mhpaYhh;
bguk;gYhh; jpUts;S:h; khtl;lk;. mth;fis
Vw;fdnt epyf;ifafk; bra;a vLf;fg;gl;l
eltof;ifapid iftpl;Lk; njitapUg;gpd;
jkpH;ehL Mjpjpuhtpl kf;fsf;fhd
epyf;ifafg;gLj;Jk; rl;lk; 31-1978?d;go g[jpjhf
epyk; ifafg;gLj;Jtjw;fhd eltof;ifapid
nkw;bfhs;SkhWk; bjhptpf;fg;gl;Ls;sJ/
kDjhuh; gl;lhkhw;wk; nfhhpa[ss ; g[y
vz;fs; Vw;fdnt mhpaYhh; Mjpjpuhtpl
eyj;Jiwapd; K:yk; ifafg;gLj;jg;gl;L fpuhk
fzf;Ffspy; khw;wk; bra;ag;gl;Ltpl;ljhy;
nkw;fhDk; g[y vz;fis ifafg;gLj;Jjy;
bjhlh;ghd eltof;if kw;Wk; tHf;F VJk;
epYitapy; cs;sjh vd jdptl;lhl;rpah; (M/jp/e)
mth;fsplk; mwpf;if bgw;W ,Wjp Miz
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W.P.No.27454 of 2019
gpwg;gpf;fyhk; vd bjhptpj;Js;shh;/
jPhg; ;ghiz vz;/15-1979?80?d; K:yk;
jPhg; ;ghiz btspaplg;gl;L 10/09/1980?y; nkw;go
epyk; Mjpjpuhtpl eyj;Jiwf;F
ifafg;gLj;jg;gl;Ls;sJ/ Mdhy; kDjhuhpd;
je;ij jpU/nfhtpe;jrhkp rPg;gpypahh; nkw;go
epyf;ifafj;jpid Ml;nrgid bra;J
,Hg;gPl;Lj;bjhifapid bgw kWj;Js;shh;/
mjd;gpd;dh;. 12/12/1995 md;W
,Hg;gPl;Lj;bjhifapid bgw;Wf;bfhs;s nfhhp
kDjhuUf;F mwptpg;g[ mspj;Js;sdh;/ Mdhy;
kDjhuh; ,Hg;gPl;j;bjhifapid bgwtpy;iy/ ,e;j
,Hg;gPl;L bjhif fle;j 14/03/1980 md;W Kjy;
tUtha; fzf;fpy; (Revenue Deposit) gw;W
itf;fg;gl;L tUfpwJ/
vdnt. cilahh;ghisak; tl;lk;.
,isabgUkhs;ey;Yhh; fpuhkj;ijr; nrh;e;j
jpU/gl;Lrhkp. j/bg/nfhtpe;juh$; rPg;gpypahh; vd;gth;
gl;lh tH';f nfhUk; g[y vz;/48-2. 48-4. 48-8.
48-20 kw;Wk; 48-9?y; (as per before UDR Register)
epykhdJ epycilik nkk;ghl;Lj;jpl;lj;jpw;F
Kd;ng 1894?Mk; Mz;L epyk; tifg;gLj;Jjy;
rl;lj;jpd; (kj;jpar;rl;lk; 1-1894)d; fPH;
epyf;ifafr;rl;lj;jpd; rl;lj;jpl;l';fSf;Fl;gl;L
nkw;go epy';fs; Mjpjpuhtpl eyj;Jiwapd; K:yk;
ifafg;gLj;jg;gl;Ls;sjhYk;. nkw;go fpuhkj;jpy;
trpj;JtUk; Mjpjpuhtplh;fSf;F ,ytr
tPl;Lkidg;gl;lh tH';f ,t;tplnk jFjpahd
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W.P.No.27454 of 2019
,lkhf cs;s fhuzj;jpdhYk;. gpw;fhyj;jpy;
nkw;go fpuhkj;jpy; trpj;J tUk; Mjpjpuhtpl
,dkf;fSf;F tPl;Lkidg;gl;lh tH';f ntz;oa
N:He; piy cs;sjhYk;. tPl;Lkidg;gl;lh tH';f
,t;tplj;jpid jtpu ntW jFjpahd ,lk;
,f;fpuhkj;jpy; ,y;iy vd;gjhYk;. jw;nghija
Mjpjpuhtplh; fhydpfSf;F kpf mUfpy;
cs;sjhYk;.
Vw;fdnt 1894?Mk; Mz;L
epyf;ifafr;rl;lj;jpd; fPH; ifafg;gLj;jg;gl;l
epy';fs; midj;Jk; epy cilik
nkk;ghl;Lj;jpl;lj;jpd; nghJ (g[y vz;/48-2)
bkhj;j gug;g[ 0/32 brd;l;. 48-4 bkhj;j gug;g[
0/34 brd;l;. 48-8 bkhj;j gug;g[ 0/30 brd;l;.
48-20 bkhj;j gug;g[ 0/49 brd;l;. 48-3 bkhj;j
gug;g[ 0/27 brd;l;. 48-5 bkhj;j gug;g[ 0/29
brd;l;. 48-6 bkhj;j gug;g[ 0/30 brd;l;. 48-21
bkhj;j gug;g[ 0/51 brd;l;. 48-22 bkhj;j gug;g[
0/06 brd;l;. 48-7 bkhj;j gug;g[ 0/33 brd;l;.
48-9 bkhj;j gug;g[ 0/33 brd;l;. 48-19 bkhj;j
gug;g[ 1/08 brd;l; Mf TLjy; 4/62 brd;l;)
xU';fpizf;fg;gl;L epy cilik
nkk;thl;Lj;jpl;lj;jpd; nghJ 48-2 bkhj;j gug;t[
1/87/0 bcwf;nlh; mhprd ej;jk; vd gjpt[
bra;ag;gl;Ls;sjhYk;.
Mjpjpuhtpl ey jdptl;lhl;rpah; mspj;Js;s
mwpf;ifapy; g[y vz;/48-2 bkhj;j gug;g[ 1/87/0
bcwf;nlh; mhprd ej;jk; vd tifg;gLj;jg;l;l
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W.P.No.27454 of 2019
epyj;jpy; gpw;fhyj;jpy; mhprd fhydp kf;fSf;F
,ytr tPl;Lkidg;gl;lh tH';fg;gl ntz;oa[s;sJ
vd bjhptpf;fg;gl;Ls;sjhYk; kDjhuh; nfhhpa[s;s
nkw;go fpuhk g[y vz;fs; 48-2. 48-4. 48-8.
48-20 kw;Wk; 48-9?w;F gl;lh tH';f ,ayhJ
vd bjhptpj;J kDjhuhpd; nfhhpf;ifapid
epuhfhpj;J ,jd;K:yk; Mizaplg;gLfpwJ/
9.From above observations, it is clear that the Authorities have not
proceeded afresh, after the said acquisition notice, has been quashed by
this Court. Further, the fourth respondent directed the third respondent
to submit a final order.
10.It is clearly observed in the earlier order of this Court, wherein
the said 4(1) Notification has been quashed and without considering
these aspects, the Authorities have passed the impugned order and in the
impugned order, no observation regarding the earlier order whether it has
been noted and taken into account by the Authorities.
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W.P.No.27454 of 2019
11.As the respondent have already contended that earlier an
acquisition proceedings has been initiated and award also been passed in
the year 1979-1980 itself and the acquisition Authorities have proceeded
further as the petitioner has not received any compensation awarded it
has been kept in the Revenue Deposit. At this juncture, when this Court,
has passed orders quashing the said notification, this Court is of the
considered view that there is no merit in the case of the respondents and
the petitioner's claim has to be allowed. The respondents shall pass
appropriate orders by transferring patta in the name of the petitioner
within a period of twelve weeks from the date of receipt of a copy of this
order.
12. The impugned order has not been issued based on the fresh
enquiry by giving an opportunity to the petitioner. They have reitrated
their stand earlier and not considered the direction issued by this Court in
W.P.No.20539 of 2018. As the order is passed without applying the mind
and mechanically under the acquisition proceeding itself is quashed by
the Apex Court in the earlier round of litigation.
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W.P.No.27454 of 2019
13. Accordingly, this Writ Petition is allowed and the impugned
order in Na.Ka.Aa1/8239/2018, dated 20.09.2018 passed by the fourth
respondent/Tahsildar is hereby quashed. No costs. Consequently,
connected WMP.No.26926 of 2019 is also closed.
29.09.2021
Index: Yes/No
Internet: Yes/No
gba/msm
To
1. The Principal Secretary,
State of Tamil Nadu,
Social Wlfare Department,
Secretariat, Chennai - 600 009.
2. The District Collector,
Ariyalur, Ariyalur District.
3. The Special Tashildar,
Adi Dravidar Welafre,
Ariyalur, Ariyalur District.
4. The Tashildar,
Udyarpalayam Taluk,
Jayamkondam, Ariyalur District.
https://www.mhc.tn.gov.in/judis
W.P.No.27454 of 2019
V.BHAVANI SUBBAROYAN, J.
gba/msm
W.P.No.27454 of 2019
29.09.2021
https://www.mhc.tn.gov.in/judis
