B.Saravanan, v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:17.09.2021

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.17637 OF 2012 AND M.P.NO.1 OF 2012 1.B.Saravanan 2.R.Sriramulu ... Petitioners Vs

1. The Secretary, Adi-Dravidar & Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The District Collector, Collectorate Buildings, Ariyalur.

3. The Special Tahsildar, Adi-Dravidar & Tribal Welfare Department, Udayarpalayam Taluk, Ariyalur District.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents from dispossessing us from our lands comprised in S.No.87/7A, 95/2, 95/3 at Kattukollai hamlet, Muthuservaimadam Village Panchayat at Udayarpalayam Taluk, Ariyalur District except in the manner known to law.

For Petitioners : Mr.Babu Rangasamy For Respondents : Mr.M.R.Gokul Krishnan, Government Advocate

O R D E R

This writ petition is filed to issue a Writ of Mandamus forbearing the respondents from dispossessing the petitioners from their lands comprised in S.No.87/7A, 95/2, 95/3 at

Kattukollai hamlet, Muthuservaimadam Village Panchayat at Udayarpalayam Taluk, Ariyalur District except in the manner known to law.

2. The case of the petitioners is that the petitioners owned Punja lands to an extent of 20 Acres in various Survey Nos.81, 83, 84, 87, 87/7a, 88, 90, 94, 95/2, 95/3 and in 96 at Kattukollai hamlet, Muthuservaimadam, Udayarpalayam Taluk, Ariyalur District. In the year 2007, out of the 20 Acres, the petitioners leased out acres 8.16 of lands comprised in S.Nos.87/7A, 87/1, 87/2, 87/3, 88/3, 95/3 to Cauvery oil Palm Ltd., for having their Oil palm nursery on a 5 years lease basis under a registered lease agreement. Similarly the petitioners have leased out acres 4.91 of their lands for the same oil palm nursery comprised in S.Nos.94/7, 95/1, 95/2. The lease agreements have expired this year i.e., May 2012 and are now renewed for a further period of 3 years.

3. In the year 2009, the third respondent proposed to acquire the said lands for the purpose of granting free house sites to the Adi Dravidars. Accordingly, the cause notice dated 16.02.2009 under 4(2) of TamilNadu Harijan Welfare Land Acquisition Act, 1978 calling upon the land owners to file their objections, if any. Accordingly, the petitioners were served with notice dated 16.03.2009 calling upon into raise objections, if any, on the inquiry to be held on 21.03.2009. Accordingly, 21.03.2009 the petitioners attended inquiry and raised objections. Thereafter, the award was passed on the same day, namely 21.03.2009. According to the petitioners, the award was not published and not communicated to the petitioners. Therefore, the petitioners have filed this writ petition.

4. On perusal of the counter, it was revealed that after conducting inquiry on 21.03.2009, award was passed on the same day, namely 21.03.2009 and the compensation of the award amount was deposited in the Revenue Deposit by the Land Acquisition Officer. However, there is no evidence to show that the award was published in the manner known to law and the copy of the award was served on the petitioners.

5. Considering the above, the third respondent is directed to serve a copy of the award to the petitioners and on receipt of the same, the petitioners are at liberty to challenge the award in the manner known to law. In respect of the possession is concerned, the petitioners are in possession and enjoyment of the subject property even till today.

Therefore, the respondents shall not disturb the possession and enjoyment of the subject land of the petitioners till they are served with a copy of the award.

6. With the above directions, this writ petition is disposed of. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rna To

1. The Secretary, Adi-Dravidar & Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The District Collector, Collectorate Buildings, Ariyalur.

3. The Special Tahsildar, Adi-Dravidar & Tribal Welfare Department, Udayarpalayam Taluk, Ariyalur District.

+1cc to M/S.Babu Rangasamy, Advocate, S.R.No.47474 +1cc to the Government Pleader, S.R.No.47886 W.P.No.17637 of 2012 and M.P.No.1 of 2012 SS(CO) PM/05/10/2021