Smt.Nagarathinam v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.7.2023

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P.B.BALAJI C.M.P.No.12291 of 2018 1 Nagarathinam 2 S.Ramalalitha 3 S.Padmini 4 S.Kathirvel 5 Manjula 6 Bagyam 7 Pandi Selvi 8 Parameshwari ...

Appellants/Petitioners in both appeals Vs.

1 The State of Tamil Nadu Rep by Secretary to Government, Social Welfare Department, Fort St. George, Chennai-9 2 The District Collector, Madurai.

3 The Special Tahsildar (L.A.) Adi Dravidar Welfare, Unit-I, ...

Respondents/Respondents in W.A.No.1524/2018 1 The State of Tamil Nadu Rep by Secretary to Government, Social Welfare Department, Fort St. George, Chennai-9 1/4

2 The State of Tamilnadu Rep. by Secretary to Government, Law Department, Fort St.George, Chennai - 600 009.

3 The District Collector, Madurai.

4 The Special Tahsildar (L.A.) Adi Dravidar Welfare, Unit-I, ...

Respondents/Respondents in W.A.No.1525/2018 Prayer in W.A.No.1524 of 2018 :

Writ Appeal filed under Section 15 of Letters Patent to set aside the order passed in W.P.No.38688 of 2002 dated 06.01.2009 on the file of this Court.

Prayer in W.A.No.1525 of 2018 :

Writ Appeal filed under Section 15 of Letters Patent to set aside the order passed in W.P.No.41421 of 2002 dated 06.01.2009 on the file of this Court.

For Appellants : Mr.A.Sivaji in both appeals For Respondents : Mrs.Geetha Thamaraiselvan, in both appeals Spl. Government Pleader *****

O R D E R

(Order of the Court was delivered by D.KRISHNAKUMAR, J.) Counsel appearing for the appellants seeks to dispose of the writ appeals in the light of judgment rendered by the Division Bench (First Bench) of this Court in A.L.Saravanakumar Vs. 1. The State of Tamil Nadu Rep. By the Secretary to Government, Social Welfare Department, Chennai-9 [W.A.No.1425 of 2023 dated 7.7.2023] wherein the Division Bench of this Court has held as follows:

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"4. Learned counsel for the appellant submits that, now, after the judgment is delivered by the learned Single Judge on 8.7.2019, the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 has been amended and the appellant is entitled for the benefit of the same.

5. The present appeal is challenging the judgment of the learned Single Judge. The same was not the contention before the learned Single Judge. Hence, the same cannot be raised in the present matter.

6. In case the appellant has any right under the amendment, the appellant may raise his grievance before appropriate forum, through appropriate proceedings.

7. The writ appeal, as such is dismissed. There will be no order as to costs.''

2. In the light of the judgment cited supra, the writ appeals stand dismissed. No costs. However, liberty is granted to the appellants to work out their remedy before the appropriate forum. Connected miscellaneous petition is closed.

(D.K.K.J.) (P.B.B.J.) 18.7.2023 Speaking/Non Speaking order Index: Yes vaan To 1 The Rep by Secretary to Government, State of Tamil Nadu, Social Welfare Department, Fort St. George, Chennai-9 2 The Secretary to Government, State of Tamilnadu Law Department, Fort St.George, Chennai - 600 009. 3/4

D.KRISHNAKUMAR, J AND P.B.BALAJI. J.

vaan 3 The District Collector, Madurai.

4 The Special Tahsildar (L.A.), Adi Dravidar Welfare, Unit-I, W.A.No.1524 & 1525 of 2018 C.M.P.No.12291 of 2018 Dated: 18.7.2023 4/4