Vasantha v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and CMP.No.18996 of 2024

1. Vasantha W/o. Late. S. Nagappan, Puthu Colony, Anguchettipalayam Village, Panrutti Taluk, Cuddalore Dt.

2. Senthil S/o. Late. S. Nagappan, Puthu Colony, Anguchettipalayam Village, Panrutti Taluk, Cuddalore Dt.

3. Punitha D/o. Late. S. Nagappan, Puthu Colony, Anguchettipalayam Village, Panrutti Taluk, Cuddalore Dt.

4. Siva S/o. Late. S. Nagappan, Puthu Colony, Anguchettipalayam Village, Panrutti Taluk, Cuddalore Dt.

5. Anitha D/o. Late. S. Nagappan, Puthu Colony, Anguchettipalayam Village, Panrutti Taluk, Cuddalore Dt.

Appellant(s) Vs

1. The State of Tamil Nadu rep by the Secretary to Government, Fort St. George, Chennai 9.

2.The District Collector Cuddalore District, Cuddalore.

3.The Special Tahsildar Adi Dravidar Welfare, Cuddalore.

4.R. Krishnamurthy S/o. Renga Reddiar, Kuthiyankuppam Village, Thookkampakkam Post, Cuddalore Tk and Dt.

Respondent(s) PRAYER To allow this Writ Appeal by setting aside the order in WP No.19128 of 2017 dated 15.11.2023 and thus render justice.

For Petitioner :

For Respondent(s):

Mr.S.Krishnasamy Mr.A.Selvendran (for R1 & 3) Special Government Pleader

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Writ Appeal has been instituted to assail the order in WP No.19128 of 2017 dated 15.11.2023.

2.

The Arguments advanced on behalf of the Appellants and the Respondents are considered. This Court is of the opinion that, the issue pertains to the acquisition of land in Survey No. 70/2, Angu Chettipalayam, Cuddalore District, intended for allotment to landless Scheduled Caste beneficiaries under the Adi Dravidar Welfare scheme. The appellants' father, Nagappan, had purchased the said land despite its prior acquisition status. His earlier challenge to the acquisition in W.P.No.14033 of 2000 resulted in a direction for reconsideration, culminating in the order dated 13.09.2012, which was not challenged during his lifetime. The learned Single Judge rightly held that the petitioners, as legal heirs, cannot challenge the order belatedly after five years of their father's demise.

3.

During the course of this appeal, it was brought to the notice of this Court that another judgment concerning the same survey number (70/2) was passed by the Division Bench in W.P.No.2699 of 2023 on 06.06.2024. In that case, the Court found that the land in Survey No. 70/2 was acquired in 1984, and the acquisition was final and binding. The Court directed the Government to issue pattas to eligible landless Scheduled Caste beneficiaries within 12 weeks,

recognizing the long-pending delay in implementation. 4.

As a result of which, we find no grounds to interfere with the judgment of the learned Single Judge. The appellants cannot claim rights over land already acquired for public welfare, particularly when the Divsion Bench has reaffirmed the validity of the acquisition and directed issuance of pattas. 5.

Accordingly, this writ appeal stands disposed of, with no order as to costs. No costs. Consequently, the connected Miscellaneous Petition is closed.

(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 03-03-2025 GD Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State of Tamil Nadu rep by the Secretary to Government, Fort St. George, Chennai 9.

2.The District Collector Cuddalore District, Cuddalore.

3.The Special Tahsildar Adi Dravidar Welfare, Cuddalore.

4.R. Krishnamurthy S/o. Renga Reddiar, Kuthiyankuppam Village, Thookkampakkam Post, Cuddalore Tk and Dt.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 03-03-2025