T.Dhandapani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.3332 of 2018 T. Dhandapani . . . Petitioner Vs.

1. The District Collector, Villupuram District, Villupuram.

2. The Special Tahsildar, AdiDravida Welfare, Ulundurpet, Villupuram. . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ or Order or Direction in the nature of a Writ, Particularly a Writ of Mandamus directing the Respondents to re-Convey the lands comprised in S.No.218/8-0.03.0 Hectares; S.No.218/9-0.02.5 Hectares; S.No.218/10-0.02.5 Hectares, situate within Swegannnkollai Village, Thirukkovilur Taluk, Villupuram District, acquired by the Respondents 1/6

through the notification dated 10.04.1999 published in District Gazette, Villupuram, vide Ref.No.M5/95749/07 dated 07.05.1999 under Sec.4(1) of the Tamilnadu Acquisition for Land for Harijan Welfare Schemes Act, 1979. For Petitioner : Mr.R.Rajarajan For Respondents : Mr.R.P.Murugan, Government Advocate

ORDER

The present petition has been filed seeking a direction to the Respondents to re-Convey the subject lands which was acquired by the respondents vide notification dated 10.04.1999 published in District Gazette, Villupuram, vide Ref.No.M5/95749/07 dated 07.05.1999 under Sec.4(1) of the Tamilnadu Acquisition for Land for Harijan Welfare Schemes Act, 1979.

2. When the matter is taken up for hearing, learned counsel for the petitioner submits that the petitioner had passed away and no steps have been taken for impleading the legal heirs of the petitioner. 2/6

3. A perusal of the materials available on record reveals that the present petition has been filed praying to re-convey the subject lands acquired under Tamilnadu Acquisition for Land for Harijan Welfare Schemes Act, 1979, however, there is no provision for re-conveyance of the lands under the Act. In the absence of any provision, grant of relief as sought for by the petitioner cannot be acceded to and also in view of the submission of the learned counsel for the petitioner, no affirmative direction can be issued as sought for in this Writ Petition.

4. Accordingly, this Writ Petition stands dismissed as abated. No Costs.

08.07.2022 NHS Index : Yes / No Internet : Yes / No 3/6

To

1. The District Collector, Villupuram District, Villupuram.

2. The Special Tahsildar, AdiDravida Welfare, Ulundurpet, Villupuram.

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M.DHANDAPANI, J.

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