Madras High Court
The Secretary To Government vs G.Dhandapani on 7 December, 2023
Author: D.Bharatha Chakravarthy
Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy
WA No.1694 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WA No.1694 of 2021
and CMP No.10786 of 2021
1. The Secretary to Government,
Adi Dravida and Tribal Welfare
Department, Secretariat,
Fort St. George, Chennai 600 009.
2. The District Collector,
Coimbatore District,
Coimbatore 641 018.
3. The Special Tahsildar,
Land Acquisition,
Harijan Welfare, Collectorate,
Coimbatore. .. Appellants
-vs-
1. G.Dhandapani
2. K.D.Saroja
3. D.Bagya Venkatasubramanian
4. D.Madhanagopal .. Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent
against the order of the learned Single Judge dated 13.11.2019
passed in W.P.No.22040 of 2013.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
WA No.1694 of 2021
For the Appellants : Mr.K.Karthik Jagannath
Govt. Advocate
For the Respondents : M/s.R.Revathi
*****
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.K.Karthik Jagannath, learned Government
Advocate, for the appellants and M/s.R.Revathi, learned counsel for
the respondents.
2. The present respondents/writ petitioners filed the writ
petition challenging the letter dated 04.07.2013 of the first appellant
herein. The respondents/petitioners sought directions against the
appellants to hand over the remaining lands measuring 1.59 acres in
S.No.517/2, Uppilipalayam Village, on removing the structure therein
to the writ petitioners. The learned Single Judge allowed the writ
petition quashing the proceedings dated 04.07.2013. Aggrieved
thereby, the State has filed the present appeal.
https://www.mhc.tn.gov.in/judis
3. The learned Government Advocate appearing for the
appellants submits that the notification under Section 4 of the Tamil
Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 was
quashed in W.P.No.2593 of 1997 under order dated 02.04.2004 only
to an extent of land in S.No.512/2 and not in respect of land bearing
S.No.517/2. It is further submitted that the acquisition has been
undertaken long back, as such, at a later stage, the respondents/
petitioners could not have moved the Court. It is further submitted
that the possession is also handed over to the Coimbatore Municipal
Corporation pursuant to the acquisition.
4. The contention of the State that in an earlier writ petition
bearing W.P.No.2593 of 1997, the Court only set aside the notification
qua S.No.512/2 under its judgment and order dated 02.04.2004 is
not borne out from the facts. The learned Single Judge has referred
to the order dated 02.04.2004 passed by the Court in W.P.No.2593 of
1997. The said order does not restrict the notification under Section
4 to one particular land. The original writ petitioners have also
placed on record a copy of the order dated 02.04.2004 in
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W.P.No.2593 of 1997. On perusal of the order, it is manifest that the
notification under Section 4 of the Act is set aside in its entirety and
not in part.
5. In light of the above, we do not find any error committed by
the learned Single Judge while passing the impugned order.
The writ appeal as such is dismissed. There will be no order as
to costs. Consequently, connected miscellaneous petition is closed.
(S.V.G., CJ.) (D.B.C., J.)
07.12.2023
Index : Yes/No
Neutral Citation : Yes/No
sra
https://www.mhc.tn.gov.in/judis
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(sra)
07.12.2023
https://www.mhc.tn.gov.in/judis
