Nagarathinam vs 2 The District Collector
2023 Latest Caselaw 8488 Mad

                                                                             W.A.No.1524 & 1525 of 2018

                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED: 18.7.2023

                                                              CORAM

                                     THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                       AND
                                        THE HONOURABLE MR.JUSTICE P.B.BALAJI

                                                W.A.No.1524 & 1525 of 2018
                                                  C.M.P.No.12291 of 2018

                     1    Nagarathinam
                     2    S.Ramalalitha
                     3    S.Padmini
                     4    S.Kathirvel
                     5    Manjula
                     6    Bagyam
                     7    Pandi Selvi
                     8    Parameshwari                                 ...    Appellants/Petitioners
                                                                                in both appeals


                                                  Vs.

                     1 The State of Tamil Nadu
                       Rep by Secretary to Government,
                       Social Welfare Department,
                       Fort St. George, Chennai-9

                     2     The District Collector, Madurai.
                     3     The Special Tahsildar (L.A.)
                           Adi Dravidar Welfare, Unit-I,
                           Madurai.                              ...   Respondents/Respondents
                                                                         in W.A.No.1524/2018
                     1 The State of Tamil Nadu
                       Rep by Secretary to Government,
                       Social Welfare Department,
                       Fort St. George, Chennai-9


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                     1/4
                                                                               W.A.No.1524 & 1525 of 2018

                     2     The State of Tamilnadu
                           Rep. by Secretary to Government,
                           Law Department, Fort St.George,
                           Chennai – 600 009.
                     3     The District Collector, Madurai.
                     4     The Special Tahsildar (L.A.)
                           Adi Dravidar Welfare, Unit-I,
                           Madurai.                               ...   Respondents/Respondents
                                                                          in W.A.No.1525/2018

                     Prayer in W.A.No.1524 of 2018 :

                            Writ Appeal filed under Section 15 of Letters Patent to set aside the
                     order passed in W.P.No.38688 of 2002 dated 06.01.2009 on the file of this
                     Court.
                     Prayer in W.A.No.1525 of 2018 :

                            Writ Appeal filed under Section 15 of Letters Patent to set aside the
                     order passed in W.P.No.41421 of 2002 dated 06.01.2009 on the file of this
                     Court.

                                      For Appellants           : Mr.A.Sivaji
                                       in both appeals
                                      For Respondents         : Mrs.Geetha Thamaraiselvan,
                                       in both appeals           Spl. Government Pleader
                                                            *****
                                                           ORDER

(Order of the Court was delivered by D.KRISHNAKUMAR, J.)

Counsel appearing for the appellants seeks to dispose of the writ

appeals in the light of judgment rendered by the Division Bench (First Bench)

of this Court in A.L.Saravanakumar Vs. 1. The State of Tamil Nadu Rep. By

the Secretary to Government, Social Welfare Department, Chennai-9

[W.A.No.1425 of 2023 dated 7.7.2023] wherein the Division Bench of this

Court has held as follows:

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

W.A.No.1524 & 1525 of 2018

“4. Learned counsel for the appellant submits that, now, after the judgment is delivered by the learned Single Judge on 8.7.2019, 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.

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.''

2. In the light of the judgment cited supra, the writ appeals

stand dismissed. No costs. However, liberty is granted to the appellants to

work out their remedy before the appropriate forum. Connected miscellaneous

petition is closed.

(D.K.K.J.) (P.B.B.J.) 18.7.2023

Speaking/Non Speaking order Index: Yes vaan To 1 The Rep by Secretary to Government, State of Tamil Nadu, Social Welfare Department, Fort St. George, Chennai-9

2 The Secretary to Government, State of Tamilnadu Law Department, Fort St.George, Chennai – 600 009.

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

W.A.No.1524 & 1525 of 2018

D.KRISHNAKUMAR, J AND P.B.BALAJI. J.

vaan 3 The District Collector, Madurai. 4 The Special Tahsildar (L.A.), Adi Dravidar Welfare, Unit-I, Madurai.

W.A.No.1524 & 1525 of 2018 C.M.P.No.12291 of 2018

Dated: 18.7.2023

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