T.D. Srinivasan v. S/T. Rep., By Secry. Social

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K. SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P.No.17574 of 1995 T.D.Srinivasan .... Petitioner -vs1. The State of Tamil Nadu represented by the Secretary, Social Welfare Department, Fort St. George, Madras - 600 009.

2. The Collector, North Arcot Ambethkar District, Vellore.

3. Special Tahsildar, Adhi Thiravida Welfare, Rajabathar Street Extension, Thirupattur, North Arcot Ambethkar District .... Respondents PRAYER: PETITION filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarii calling for the records of the 3rd respondent, pursuant to notice A/595/ST dated 10.10.1995 for the acquisition of 5 Acres of land for locating Harijan Colony, comprised under Survey No.101/2B Government Dry in Thiriyalam Village, North Arcot Ambethkar District. For Petitoner :

Mr.Ramakrishnan Viraraghavan, S.C.

For M/s.S.Satyaganesh For Respondents:

Mr.V.Anandhamurthy, AGP

O R D E R

[Order of the Court was made by R.SUBRAMANIAN,J.] Challenge in this Writ Petition is to the notice issued by the respondent under Section 4(2) of the Tamil Nadu Acquisition

of land for Harijan Welfare Scheme Act, 1978 (Tamil Nadu Act 31 of 1978).

2. The Writ Petition was entertained in the year 1995 and an order of interim stay of dispossession was granted.

3. The learned Additional Government Pleader is not in a position to report the current state of affairs.

4. Mr.Ramakrishnan Viraraghavan, learned senior counsel appearing for the petitioner would submit that the petitioner continues to be in possession of the property.

5. Inasmuch as the challenge in the Writ Petition is only to Section 4(2) notice, which is a proposal for acquisition, we are of the view that it would be in the interest of justice to allow the petitioner to file his objections to the said notice dated 10.10.1995 and the Special Tahsildar, Adi Dravidar Welfare, Thirupattur will take a decision on the objections. While doing so, the Special Tahsildar, Adi Dravidar welfare, Thirupattur shall also take into account the situation as on date with regard to the requirement of the lands for the purpose of providing free house site pattas to Adi Dravidars.

6. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sl To

1. The State of Tamil Nadu represented by the Secretary, Social Welfare Department, Fort St. George, Madras - 600 009.

2. The Collector, North Arcot Ambethkar District, Vellore.

3. Special Tahsildar, Adhi Thiravida Welfare, Rajabathar Street Extension, Thirupattur, North Arcot Ambethkar District.

+1cc to the Government Pleader Sr.54117 +2ccs to Mr.G.Sivashankaran, Advocate Sr.53352 W.P.No.17574 of 1995 gmr[co] srg 20/08/2018