Madras High Court
Unknown vs The State Of Tamil Nadu on 28 November, 2023
Author: Sanjay V.Gangapurwala
Bench: Sanjay V.Gangapurwala
W.P(MD)No.3505 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.11.2023
CORAM :
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.P(MD)No.3505 of 2014
and
M.P(MD)No.2 of 2014
1.G.Velli
2.K.Kalimuthu
3.G.Muneeswaran
4.M.Jothi
5.N.Kalimuthu
6.M.Kalimuthu
7.K.Muthuraman
8.A.Kaliyappan
9.R.Bharathi
10.K.Muniyan
11.M.Kalimuthu
12.M.Karuppan
13.M.Muthu
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Page 1 of 7
W.P(MD)No.3505 of 2014
14.C.Thangavel
15.M.Kalimuthu
16.N.Irulan
17.N.Andi
18.K.Kali
19.K.Ganesan ... Petitioners
Vs.
1.The State of Tamil Nadu
Rep. by its Secretary,
Department of Adi Dravidar and Tribal Welfare,
Secretariat,
Chennai - 9.
2.The District Collector,
Ramanathapuram District,
Ramanathapuram.
3.The Tahsildar (Special),
(Adi Dravidar Welfare),
Ramanathapuram,
Ramanathapuram District.
4.A. Seeniyammal ... Respondents
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Page 2 of 7
W.P(MD)No.3505 of 2014
PRAYER : Writ Petition filed under Article 226 of the Constitution
of India, to issue a Writ of Mandamus forbearing the Respondents No.1
to 3 from evict the Petitioners from the place in Survey No. 451/1B in
an extent of 0.52.5 Hectares situated at Vani Village, Perungulam Via ,
Sakkarakottai Group, Ramanathapuram District and consequently
direct the Respondents No.1 to 3 to complete the Re-Acquisition
Proceedings in proper manner and provide patta to the Petitioners in
that land.
For Petitioners : Mr.P.V.Vetrivel
For Respondents : Mr.S.P.Maharajan – for R1 to R3
Special Government Pleader
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
Heard Mr.P.V.Vetrivel, learned counsel for the petitioner
and Mr.S.P.Maharajan, learned Special Government Pleader appearing
for the respondents 1 to 3.
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2. The learned counsel for the petitioners submits that
based on the judgment of this Court, dated 06.01.2000 in
W.P.(MD)No.14545 of 1992, the State Authorities are now trying to
evict the petitioner. The learned counsel submits that the subject writ
land was allotted to the petitioners. Patta is also issued, after the land
was acquired by the State authorities.
3. It appears that under judgment, dated 06.01.2000 in
W.P.(MD)No.14545 of 1992, the declaration under Section 6 of the
Land Encroachment Act, 1905 issued was itself cancelled. In view of
that, no further proceedings could be taken up.
4. The learned counsel for the petitioners submits that the
petitioners are also seeking direction against the respondents to
rehabilitate the petitioners.
5. The petitioners may be unfortunate allottees of the land.
The petitioners may not be at fault. However, the fact remains that the
acquisition itself is set aside by the Court in the year 2000. In any
case, if the respondents want to evict the petitioners, they will have to
follow the provisions of law. They cannot directly or forcibly evict the
petitioners without issuing show cause notice and taking recourse to
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the provisions of statute. In case, such a notice is issued to the
petitioners, then the petitioners may file reply seeking all the reliefs
available to the petitioners, even the relief of rehabilitation or
acquisition as may be permissible under law. The authorities may
consider the say of the petitioners on its own merits and in accordance
with law and thereafter, they may proceed ahead.
6. If the State Authorities are ready to allot some other
lands to the petitioners, the petitioners in that case will have to accept
the same and may not insist for retaining the subject writ land.
7. With these observations, the writ petition is disposed of.
No costs. Consequently, connected miscellaneous petitions are closed.
[S.V.G., C.J.] [K.K.R.K, J.]
28.11.2023
Index : Yes / No
Neutral Citation : Yes / No
RM
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To
1.The Secretary,
State of Tamil Nadu
Department of Adi Dravidar and Tribal Welfare,
Secretariat,
Chennai - 9.
2.The District Collector,
Ramanathapuram District,
Ramanathapuram.
3.The Tahsildar (Special),
(Adi Dravidar Welfare),
Ramanathapuram,
Ramanathapuram District.
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THE HONOURABLE CHIEF JUSTICE
and
K.K. RAMAKRISHNAN, J.
RM
28.11.2023
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