T.Kulandaivel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.No.19430 of 2022

1. T.Kulandaivel

2. T.Venkatachalapathy

3. A.Rathinambal

4. Poonghodi

5. Amutha ... Appellant(s) Vs.

1. The District Collector, Cuddalore District, Cuddalore.

2. The Special Tahsildar, Harijan Welfare, Cuddalore District.

3. Government of Tamil Nadu, Rep. by its Secretary, Adi Dravidar and Harijan Welfare Department, Fort St. George, Chennai - 600 009.

... Respondent(s) Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 22.04.2022 passed in W.P.No.16738 of 2015. For Appellant(s) : Ms.R.Meenakshi, Ms.L.Sonia Gandhi and Mr.S.Sadasharam

For Respondent(s) : Mr.D.Ravichander, Special Government Pleader

J U D G M E N T

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The writ appeal has been instituted challenging the writ order dated 22.04.2022 in W.P.No.16738 of 2015.

2. The facts in a nutshell shows that the land belonged to the appellants was acquired for the benefit of Adi-Dravida people under the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (hereinafter referred to as 'the Act' for short).

3. Notification under Section 4(1) of the Act was issued on 15.12.2000 and, thereafter, the procedures as contemplated under the Act were followed. Admittedly, the acquisition proceedings were completed in all respects, and possession was taken over by the Government. Thereafter, the land absolutely vests with the Government.

4. The learned Government Advocate appearing for the

respondent would bring to the notice of this court that the erstwhile owners of the acquired lands instituted writ petitions, and the matter went up to the Hon'ble Supreme Court. The erstwhile owners were unsuccessful, and thereafter, the lands acquired were assigned in favour of 61 beneficiaries. Sub-Divisions are made and the revenue records are mutated.

5. In view of the fact that the acquired lands were allotted to eligible beneficiaries and the entire proceedings were completed long before, the relief, as such sought for in the present writ appeal to release the acquired land would not arise at all. There is no provision under the Land Acquisition Act for releasing the acquired lands, and thus, the prayer, as such sought for is absolutely misconceived.

6. Therefore, this court does not find any reason to interfere with the writ order impugned and consequently, this writ appeal is dismissed. No costs. Connected miscellaneous petition is closed. (S.M.S.,J.) (C.S.N.,J.) 02.09.2025 skr Index : Yes

S.M.SUBRAMANIAM, J.

and C.SARAVANAN, J.

skr To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Special Tahsildar, Harijan Welfare, Cuddalore District.

3. The Secretary to Government of Tamil Nadu, Adi Dravidar and Harijan Welfare Department, Fort St. George, Chennai - 600 009.

02.09.2025