Ellammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.12.2018

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.13436 of 2004 1.Ellammal 2.Kasinathan .. Petitioners ..Vs..

1.The District Collector, Tiruvellore District, Tiruvellore.

2.The Special Tahsildar, Harijan Welfare Department, Tiruttani.

3.The Tahsildar, Pallipet Taluk, Tiruvellore District.

.. Respondents PRAYER : Writ Petition Petition filed Under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari, to call for the records relevant to the land acquisition proceedings of the 2nd respondent in Survey No.240/10, Survey No.240/14 which total extents to 0-24-0 Hectares of lands situate at Sub-District of R.K.Pet in Erumbi alias Aswaravanthapuram Village situated at Tiruvellore District under notification inform II under Section 4(1) of Tamil Nadu Acquisition of land for Adi-Dravidar Welfare Scheme Act 1978 which published in M.G.R. District Gazette dated 07.11.1996 and quash the same as illegal, improper, unreasonable, arbitrary against the rule of law and natural Justice.

For Petitioners : Mr.E.M.K.Yashwant Rao For Respondents : Mr.M.Elumalai Government Advocate

ORDER

The land acquisition proceedings of the 2nd respondent in respect of Survey No.240/10, Survey No.240/14 for a total extent of 0-24-0 Hectares of lands, situate at Sub-District of R.K.Pet in Erumbi alias Aswaravanthapuram Village, Tiruvellore District is under challenge in the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

2. Mr.M.Elumalai, learned Government Advocate appearing on behalf of the respondents brought to the notice of this Court that the land, which is the subject matter of the present writ petition had been acquired by the Competent Authority during the year 1996. In 1997, the award was passed and the amount of compensation was deposited on 02.02.1998. Thus, the entire acquisition proceedings were concluded during the year 1998 and the land acquired had already been allotted in favour of the beneficiary namely poor Adi-Dravidar people. When the beneficiaries are allotted with the acquired land and they are in occupation, this Court is of the opinion that no further probe is required in respect of the grounds raised in the present writ petition.

3. Accordingly, the writ petition stands dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Vji/tar To 1.The District Collector, Thiruvellore District, Thiruvellore.

2.The Special Tahsildar, Harijan Welfare Department, Tiruttani.

3.The Tahsildar, Pallipet Taluk, Tiruvellore District.

+1cc to the Government Pleader, S.R.No.89502. W.P.No.13436 of 2004 PPA(CO) rrs 18/02/2019 https://hcservices.ecourts.gov.in/hcservices/