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Madras High CourtWP/32895/2025dismissed

N.Arumugam v. State Of Tamil Nadu

2025-09-02Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025 Coram The Honourable Mr.Justice Krishnan Ramasamy N.ARUMUGAM ..Petitioner Vs.

1 STATE OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY ADI DRAVIDAR WELFARE DEPARTMENT FORT ST. GEORGE CHENNAI- 09.

2 THE DIRECTOR ADI DRAVIDAR WELFARE DEPARTMENT CHEPAUK, CHENNAI.

3 THE DISTRICT COLLECTOR VILLUPURAM DISTRICT, VILLUPURAM.

4 THE SPECIAL TAHSILDAR ADI DRAVIDAR WELFARE DEPARTMENT VILLUPURAM, TAMIL NADU.

..Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to proceed with the land acquisition proceedings for acquisition of an extent of 3.08.0 Hectares of land in R.S.No.122/11, 122/ 13, 122/14, 126/2 to 5 127/3 to 6 and 126/2B situated at Manakuppam Village, Thirukoilur 1/7

Taluk (Presently Tiruvennainallur) Villupuram District pursuant to the liberty granted by this Court as per order dated 27.08.2013 and 04.02.2025 in W.P.Nos.9144 to 9149 of 2005 and W.P. No.28363 of 2024 respectively and issue patta.

For Petitioner : Ms.Gopika Nambiar For Respondents : Mr.C.Jayaprakash Government Advocate (T) Order Heard Ms.Gopika Nambiar, the learned counsel for the petitioner and Mr.C.Jayaprakash, learned Government Advocate, who takes notice for respondents. With consent, the main Writ Petition is taken up for final disposal at the stage of admission itself.

2. The prayer, in the Petition is for issuance of a Writ, in the nature of mandamus directing the respondents to proceed with the land acquisition proceedings for acquisition of an extent of 3.08.0 Hectares of land in R.S. No.122/11, 122/ 13, 122/14, 126/2 to 5 127/3 to 6 and 126/2B situated at Manakuppam Village, Thirukoilur Taluk (Presently Tiruvennainallur) Villupuram District pursuant to the liberty granted by this court as per order 2/7

dated 27.08.2013 and 04.02.2025 in W.P. Nos.9144 to 9149 of 2005 and W.P. No.28363 of 2024 respectively and issue patta.

3. Learned counsel for the petitioner would submit that the petitioner belong to Adi Dravidar Community; that the petitioner along with other Adi Dravidars were residing in the property, (morefully described in preamble portion of this order) for the past 40 years; that the petitioner along with other residents submitted a representation to the Government of Tamil Nadu, requesting the Government to provide free house sites to them; that though the Government initiated action for acquisition of land by invoking the provisions of Tamil Nadu Acquisition of Land For Adi Dravidar Welfare Scheme Act and possession of the land was also taken over by the Adi Dravidar Welfare Department on 25.03.2005, since the land owners of the aforesaid property filed Writ Petitions before this Court challenging the land acquisition proceedings, and this Court vide order 27.08.2013 quashed the acquisition proceedings, simultaneously, this Court has issued a direction, directing the concerned Authorities to proceed with the acquisition of land by taking fresh steps, following, the provisions of Tamil 3/7

Nadu Acquisition of Land for Harijan Welfare Schemes Act, and as against the said order dated 27.08.2013, the respondents have neither filed an Appeal nor acted in consonance with the direction issued by this Court, i.e. by initiating fresh acquisition proceedings which necessitated the petitioner to approach this Court seeking for a direction on the respondents to acquire the land and distribute the same to the landless Adi Dravidars.

4. The learned Government Advocate for respondents would submit that though notification for acquisition was issued pursuant to the earlier request made by the petitioner and other Adi Dravidars, however, pursuant to Writ Petitions filed by the land owners of the aforesaid area, land acquisition proceedings was quashed by this Court vide order dated 27.08.2013, therefore, the respondent-Department has to take a policy decision, based on which, appropriate steps will be taken by the respondentAuthority and decide the issue bearing in mind situation prevailing over there.

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5. I have given due considerations to the submissions made by Ms.Gopika Nambiar, the learned counsel for the petitioner and Mr.C.Jayaprakash, learned Government Advocate (T) for the respondents.

6. Though this Writ Petition is filed seeking for a direction on the respondents to acquire the land and to distribute the same to the landless Adi Dravidars, when the fact remains that the earlier land acquisition proceedings was quashed by this Court pursuant to Writ Petitions filed by the landowners of the subject property, vide order dated 27.08.2013, it is upto the Government to take a policy decision, based on which, appropriate steps will be taken by the respondent-Officials towards initiation of fresh acquisition, for which, the petitioner cannot expect this Court to pass any specific direction. Hence, this Court is not inclined to entertain this Writ Petition and the same stand dismissed. No costs. 02.09.2025 sd Index : yes/no 5/7

To 1 STATE OF TAMIL NADU REP BY ITS PRINCIPAL SECRETARY ADI DRAVIDAR WELFARE DEPARTMENT FORT ST. GEORGE CHENNAI- 09.

2 THE DIRECTOR ADI DRAVIDAR WELFARE DEPARTMENT CHEPAUK, CHENNAI.

3 THE DISTRICT COLLECTOR VILLUPURAM DISTRICT VILLUPURAM.

4 THE SPECIAL TAHSILDAR ADI DRAVIDAR WELFARE DEPARTMENT VILLUPURAM TAMIL NADU.

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Krishnan Ramasamy,J., sd 02.09.2025 7/7