Madras High CourtWP/46606/2025disposed of

V.Kesavan v. The Collector

2025-12-09Honourable Mr Justice Senthilkumar Ramamoorthy9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-12-2025

CORAM

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY AND WMP NO. 51989 OF 2025,WMP NO. 51990 OF 2025

1. V.Kesavan S/o Venkatapathi (late) S. N Palayam Ponnai Post, Katpadi Taluk, Vellore District 632 514 Petitioner(s) Vs

1. The Collector Sathuvachari Vellore District 632 009 2.The Commissioner Commissionerate of Adi-Dravidar Welfare, Chepauk, Chennai 600 005 3.The Special Tahsildar Land Acquisition, Gudiyatham Vellore Respondent(s) WMP No. 51989 of 2025

1. V.Kesavan

S/o Venkatapathi (late) S. N Palayam Ponnai Post, Katpadi Tlauk, Vellore District 632 514 Petitioner(s) Vs

1. The Collector Sathuvachari Vellore District 632 009 2.The Commissioner Commissionerate Fo Adi Dravidar Welfare Chepauk Chennai 600 005 3.The Special Tahsildar Land Acquisition, Gudiyatham Vellore Respondent(s) WMP No. 51990 of 2025

1. V.Kesavan S/o Venkatapathi (late) S. N Palayam Ponnai Post, Katpadi Tlauk, Vellore District 632 514 Petitioner(s) Vs

1. The Collector Sathuvachari Vellore District 632 009 2.The Commissioner Commissionerate Fo Adi Dravidar Welfare Chepauk Chennai 600 005 3.The Special Tahsildar Land Acquisition, Gudiyatham Vellore

Respondent(s) PRAYER: This writ petition is filed under Article 226 of the Constitution of India praying to calling for the entire records pertaining to the order in Na.Ka. no K10/ 19565/ 1996, dated 26.09.2025 passed by the 1st respondent and quash the same as illegal, violative and thereby implement the orders of in Na.Ka. no k10/ 19595/ 1996 dated 23.04.2022 passed by the 1st respondent for hading over the property to an extent of 1.42.5 hectares, in survey no 519/1A1, Survey No 528/1A1, survey no 518/3A and survey No 529/3B of Senchinayakkan palayam Village.

WMP No. 51989 of 2025 PRAYER To dispense with the production of the original order in Na.Ka. No K10/ 19565/ 1996, dated 26.09.2025 passed by the 1st respondent WMP No. 51990 of 2025 PRAYER To stay the operation fo the order in Na.Ka. No K10/ 19565/ 1996, dated 26.09.2025 passed by the 1st respondent and pass For Petitioner(s):

K.Mohanamurali M. Kaushikrishna U. Santhanalakshmi

G. Keerthivasan For Respondent(s):

Mr.Abishek Murthy, Govt. Advocate

ORDER

The petitioner asserts that he is an agriculturist and that he continues to be in occupation of the property in the survey numbers mentioned in paragraph-2 of the affidavit in support of the writ petition. Upon initiation of acquisition proceedings under Tamil Nadu Act No.31 of 1978, the petitioner states that a representation was submitted seeking re-conveyance. In relation thereto, the District Collector made a proposal on 23.04.2022 to the second respondent. Thereafter, the petitioner filed a grievance petition since no further action was taken. The order impugned herein was issued in the said facts and circumstances.

2. Learned counsel for the petitioner referred to the grievance petition submitted by the petitioner and pointed out that the earlier proceedings of the District Collector dated 23.04.2022 were referred to therein. Without making

any reference to the said proceedings, learned counsel submits that the incumbent District Collector rejected the request by order dated 26.09.2025. Therefore, he submits that the order warrants reconsideration.

3. In response, learned Government Advocate submits that the impugned order does not contain any infirmity. He submits that Act No.31 of 1978 does not provide for re-conveyance.

4. The District Collector, Vellore, had submitted a proposal to the Commissioner, Commissionerate of Adi-Dravidar Welfare on 23.04.2022. The said proceedings are referred to in the petitioner's grievance petition dated 28.07.2025. The order impugned herein has been issued by the subsequent District Collector, Vellore, without drawing reference to the earlier order of the District Collector.

5. For that limited reason, the matter warrants reconsideration. To enable such reconsideration, albeit without making any observations on the merits of

the petitioner's request, the impugned order dated 26.09.2025 is set aside and the matter is remanded to the first respondent for reconsideration. After providing a reasonable opportunity to the petitioner, a speaking order shall be issued after taking into consideration earlier order dated 23.04.2022. Such speaking order shall be issued within three months from the date of receipt of a copy of this order.

6. This writ petition is disposed of on the above terms. Consequently, connected miscellaneous petitions are closed. No costs. 09-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes kal

To 1.The Collector Sathuvachari Vellore District 632 009 2.The Commissioner Commissionerate Fo Adi Dravidar Welfare Chepauk Chennai 600 005 3.The Special Tahsildar Land Acquisition, Gudiyatham Vellore WMP No. 51989 of 2025 To 1.The Collector Sathuvachari Vellore District 632 009 2.The Commissioner Commissionerate Fo Adi Dravidar Welfare Chepauk Chennai 600 005 3.The Special Tahsildar Land Acquisition, Gudiyatham Vellore WMP No. 51990 of 2025 To 1.The Collector

Sathuvachari Vellore District 632 009 2.The Commissioner Commissionerate Fo Adi Dravidar Welfare Chepauk Chennai 600 005 3.The Special Tahsildar Land Acquisition, Gudiyatham Vellore

SENTHILKUMAR RAMAMOORTHY J.

AND WMP NO. 51989 OF 2025,WMP NO.

51990 OF 2025 09-12-2025