R. Pushpa v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Pushpa .. Appellant Vs.

1. The State of Tamil Nadu Rep. by the Secretary to Government Social Welfare Department Fort St. George, Chennai - 600 009.

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

3. The District Collector Tirunelveli.

4. The Special Tahsildar (ADW), Sankarankoil.

5. The Secretary to Government, Adi Dravidar Welfare Department, Fort St. George, Chennai - 600 009.

.. Respondents

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 07.03.2022 passed in W.P.No.4149 of 2004 on the file of this Court.

For the Appellant : Mr.A.Sivaji For the Respondents : Mrs.R.Anitha Special Government Pleader

JUDGMENT

(Delivered by the Hon'ble Chief Justice) The present appeal is filed against the judgment and order dated 07.03.2022 in W.P.No.4149 of 2004.

2. In the said writ petition, the petitioner therein was assailing the provisions of Sections 7(2) and 12 of the Tamil Nadu Act 31 of 1978 as illegal and unconstitutional.

3. The learned Single Judge observed that the said Act has already been upheld by the Apex Court in the case of State of Tamil Nadu and Ors. Vs. Ananthi Ammal and Ors. reported in (1995) 1 SCC 519. In the light of that, the learned Single Judge has

not committed any error.

4. Learned counsel for the appellant submits that the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 has since been amended, 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.

(S.V.G., CJ.) (P.D.A., J.) 26.09.2023 Index : Yes/No

sra THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) To

1. The Secretary to Government of Tamil Nadu Social Welfare Department Fort St. George, Chennai - 600 009.

2. The Secretary to Government of Tamil Nadu Law Department, Fort St. George, Chennai - 600 009.

3. The District Collector, Tirunelveli.

4. The Special Tahsildar (ADW), Sankarankoil.

5. The Secretary to Government, Adi Dravidar Welfare Department, Fort St. George, Chennai - 600 009.

26.09.2023