Lakshmanan v. The District Collector
In the High Court of Judicature at Madras Dated : 22.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.1270 of 2025 1.Lakshmanan 2.Mohan Govindan 3.Amudha 4.Ramakrishnan
...Petitioners
Vs 1.The District Collector Kallakuruchi Kallakuruchi District.
2.The Director, Adi Dravidar & Tribal Welfare Department, Ezhilagam Chennai-5.
3.The District Adi Dravidar & Tribal Welfare Officer, Adi Dravidar & Tribal Welfare Department, Kallakuruchi District.
4.The Special Tahsildar (Land Acquisition), Adi Dravidar & Tribal Welfare Department, Kallakuruchi District.
5.The Sub-Treasury Officer Kallakuruchi Kallakuruchi District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1/6
herein to pay compensation to the petitioners for their land comprised in S.Nos.27/1, 27/2, 27/3B1, 27/12A, 27/13A, 27/14A, 27/16, 27/17 and 27/18, ad-measuring an extent of 2.44 Acres, situated in Emapper Village, Kallakuruchi Taluk and District, acquired by the 4th respondent for the purpose of providing free house site patta to Adi dravidar under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, to the petitioners and others by considering the first petitioner's representation dated 07.10.2023. For Petitioners :
Mr.S.Senthil For Respondents :
Mr.A.Selvendran, SGP
ORDER
Seeking a direction to respondents 1 to 4 to consider the representation dated 07.10.2023 to pay compensation to the petitioners in respect of the lands measuring 2.44 acres comprised in S.Nos.27/1, 27/2, 27/3B1, 27/12A, 27/13A, 27/14A, 27/16, 27/17 and 27/18, situated at Emapper Village, Kallakuruchi Taluk and District, the petitioners are before this Court.
2. Heard the learned counsel for the petitioners and the learned Special Government Pleader accepting notice for the respondents. 2/6
3. The case of the petitioners is as follows : (i) The subject properties were acquired by the fourth respondent for the purpose of providing free house site patta to Adi Dravidars under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978. An award dated 20.3.1986 in award No.4/85-86 also came to be passed. Since there was a dispute between the family members of the petitioners, the compensation amount was not disbursed by the fourth respondent at the time of passing the award in the year 1986. Hence, the amount was deposited to the credit of the Sub-Treasury, Kallakurichi as a revenue deposit. (ii) Thereafter, the first petitioner along with the mothers of petitioners 2 and 3 and the father of the fourth petitioner jointly sent a representation to the first respondent on 18.8.
2017 seeking compensation for the lands acquired. According to the petitioners, no action has been taken by respondents 1 to 4, which constrained the petitioners to sent several reminders to the respondents dated 21.2.2019, 16.12.2021 and 27.9.2022. Pursuant to that, the second respondent directed the third respondent to conduct an inquiry and submit a report to the second respondent along with the consent of the first respondent.
(iii) Meanwhile, since the revenue deposit with the fifth respondent expired as the same was not received by the land owners 3/6
within the stipulated time, on 06.6.2022, the fourth respondent sent a communication to the third respondent calling upon to issue necessary directions to restore the compensation amount so as to be paid to the land owners. Even thereafter, no action has been taken by the respondents. Therefore, the petitioners sent two joint representations dated 10.4.2023 and 20.7.2023 to the third respondent and another joint representation dated 22.8.2023 to respondents 1 to 3. But, none of the above representations had evoked the desired results. Hence the writ petition.
4. The petitioners, who are the owners of the lands acquired, jointly made several representations to the respondents from the year 2017 to disburse the compensation amount arrived and deposited by the respondents. However, the amounts have not yet been disbursed. The award is of the year 1986.
5. In the considered view of this Court, the respondents have not discharged their statutory duty in passing orders on the said representations. It is also to be noted that the fourth respondent sent a communication even on 06.6.2022 to the third respondent stating that the revenue deposit with the fifth respondent had expired and that the same has to be restored and the compensation amount has to 4/6
be paid to the land owners.
6. Considering the above, the writ petition is allowed and a Mandamus is issued to the third respondent to pass orders paying compensation to the petitioners within a period of four weeks from the date of receipt of a copy of this order. No costs. 22.1.2025 To 1.The District Collector Kallakuruchi Kallakuruchi District.
2.The Director, Adi Dravidar & Tribal Welfare Department Ezhilagam, Chennai-5.
3.The District Adi Dravidar & Tribal Welfare Officer Adi Dravidar & Tribal Welfare Department, Kallakuruchi District.
4.The Special Tahsildar (Land Acquisition), Adi Dravidar & Tribal Welfare Department Kallakuruchi District.
5.The Sub-Treasury Officer Kallakuruchi Kallakuruchi District.
RS 5/6
P.T.ASHA,J RS W.P.No.1270 of 2025 22.1.2025 6/6