A.L.Saravanakumar vs The State Of Tamil Nadu
2023 Latest Caselaw 7871 Mad

                                                                            W.A.No.1425 of 2023


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 07.07.2023

                                                         CORAM


                             THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                          AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
                                                 W.A.No.1425 of 2023

                     A.L.Saravanakumar                                 ..    Appellant

                                                          Vs.

                      1. The State of Tamil Nadu
                        Rep. by the Secretary to Government
                        Social Welfare Department
                        Fort St. George, Chennai – 600 009.

                     2. The District Collector
                        Coimbatore.

                     3. The Special Tahsildar (A.D.W)
                        Pollachi.                                      ..    Respondents

                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order in W.P.No.27992 of 2005 dated 08.07.2019.
                                   For the Appellant       : Mr.A.Sivaji
                                   For the Respondents     : Mr.P.Muthukumar
                                                             State Government Pleader
                                                             assisted by Mrs.R.Anitha
                                                             Special Government Pleader
                                                             for R1 to R3

                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                W.A.No.1425 of 2023



                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The present appeal is filed against the judgment and order

dated 08.07.2019 in W.P.No.27992 of 2005.

2. In the said writ petition, the petitioner therein was assailing

the provisions of Sections 7(2) and 12 of the Tamil Nadu Act 31 of

1978 as illegal and unconstitutional.

3. The learned Single Judge observed that the said Act has

already been upheld by the Apex Court in the case of State of Tamil

Nadu and Ors. Vs. Ananthi Ammal and Ors. reported in

(1995) 1 SCC 519. In the light of that, the learned Single Judge has

not committed any error.

4. Learned counsel for the appellant submits that, now, after

the judgment is delivered by the learned Single Judge on 08.07.2019,

the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act,

1978 has been amended and the appellant is entitled for the benefit

of the same.

https://www.mhc.tn.gov.in/judis W.A.No.1425 of 2023

5. The present appeal is challenging the judgment of the

learned Single Judge. The same was not the contention before the

learned Single Judge. Hence, the same cannot be raised in the

present matter.

6. In case the appellant has any right under the amendment,

the appellant may raise his grievance before appropriate forum,

through appropriate proceedings.

7. The writ appeal, as such, is dismissed. There will be no order

as to costs.

                                                              (S.V.G., CJ.)             (P.D.A., J.)
                                                                                       07.07.2023
                     Index            : Yes/No
                     Neutral Citation : Yes/No

                     drm

https://www.mhc.tn.gov.in/judis W.A.No.1425 of 2023

To

1. The Secretary to Government The State of Tamil Nadu Social Welfare Department Fort St. George, Chennai – 600 009.

2. The District Collector Coimbatore.

3. The Special Tahsildar (A.D.W) Pollachi.

https://www.mhc.tn.gov.in/judis W.A.No.1425 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm)

W.A.No.1425 of 2023

07.07.2023

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