S.Murugesan vs The Principal Secretary
2022 Latest Caselaw 9748 Mad

                                                                           W.P.(MD) No.3855 of 2017

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 09.06.2022

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                             W.P.(MD) No.3855 of 2017

                 S.Murugesan                                            ... Petitioner
                                                         /vs./

                 1.The Principal Secretary,
                   Adi-Dravidar & Tribal Welfare Department,
                   Secretariat, Chennai -9.

                 2.The District Collector, Tirunelveli District.

                 3.The Special Tahsildar (Adi Diravidar Welfare),
                   Cheranmahadevi, Tirunelveli District.                      ... Respondents

                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Declaration, declaring that the land acquisition proceedings
                 initiated under the Land Acquisition Act, 1894 in respect of land measuring an
                 extent of 1.30 acre in Rangasamuthiram Village Survey No.408/1D,
                 Ambasamuthiram Taluk, Thirunelveli District covered in Award No.3/94-95 dated
                 13.02.1995 in Adi Dravidar and Tribal Welfare Department as null and void and
                 the same is deemed to have lapsed in view of Section 24(2) of Right to fair
                 Compensation and Transparency in Land Acquisition, Rehabilitation and
                 Resettlement Act, 2013.

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https://www.mhc.tn.gov.in/judis
                                                                                W.P.(MD) No.3855 of 2017



                                  For Petitioner    : No appearance

                                  For Respondents : Mr.K.Balasubramani
                                                        Special Government Pleader

                                                        ORDER

None appears for the writ petitioner.

2.This writ petition has been filed seeking declaration that the proceedings

initiated under the Land Acquisition Act, 1894 in respect of the petition

mentioned lands stood lapsed, in view of Section 24 (2) of the Right to Fair

Compensation and Transparency in Land Acquisition Rehabilitation and

Resettlement Act, 2013.

3.The respondents have filed their detailed counter affidavit. It has been

stated therein that the acquisition notification was issued as early as on

25.05.1993 and that an award was passed on 13.02.1995. The award amount was

deposited in the Revenue Deposit on 16.02.1995. Questioning the acquisition

proceedings, one K.S.Natarajan, a Co-owner filed W.P(MD) No.16064 of 1995. It

was dismissed on 25.07.2001. Subsequently, revenue records were also mutated

https://www.mhc.tn.gov.in/judis W.P.(MD) No.3855 of 2017

in the year 2004 and at present, the petition mentioned lands stand in the name of

the Department.

4.The learned Special Government Pleader reiterated the contentions set

out in the counter affidavit and called for dismissal of the writ petition.

5.It is seen that the writ petition has been filed on the strength of the

judgment of the Hon'ble Supreme Court reported in 2014 (5) CTC 857 (SC):2015

(3) SCC 353 (Sree Balaji Nagar Residential Association Vs. Tamil Nadu and

others). Subsequently, the Hon'ble Supreme Court in (2020) 8 SCC 129 (Indore

Development Authority Vs. Manoharlal and others) had overruled its earlier

decision. Therefore, the very foundation, based on which the writ petition was

filed, no longer stands. There is no merit in the writ petition.

6.The writ petition is dismissed, accordingly. No costs.

                 Index : Yes / No                                                     09.06.2022
                 Internet : Yes / No
                 mm




https://www.mhc.tn.gov.in/judis
                                                                              W.P.(MD) No.3855 of 2017

                                                                          G.R.SWAMINATHAN, J.

                                                                                                  mm

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Principal Secretary, Adi-Dravidar & Tribal Welfare Department, Secretariat, Chennai -9.

2.The District Collector, Tirunelveli District.

3.The Special Tahsildar (Adi Diravidar Welfare), Cheranmahadevi, Tirunelveli District.

W.P.(MD)No.3855 of 2017

09.06.2022

https://www.mhc.tn.gov.in/judis