Muthan v. The Secretary To The Government

1 W.P.(MD)NO.26880 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.26880 of 2023 AND W.M.P.(MD)No.23098 of 2023 Muthan ... Petitioner Vs.

1. The Secretary to the Government, Adi Dravidar Welfare, St. George Fort, Chennai.

2. The Director, Adi Dravidar Welfare, Chepauk, Chennai.

3. The District Adi Dravidar Welfare Officer, Karur, Karur District.

4. The District Collector, Karur District, Karur.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.Sa1/2189/2008 dated 19.07.2023 on the file of the third respondent and quash the same and further directing the respondents 3 and 4 to return and reconvey the land in survey No.394 at Velampadi Village, Aravakurichi Taluk to the petitioner as per G.O.Ms.No.2078(Revenue Dept.) 1/4

2 W.P.(MD)NO.26880 OF 2023 dated 27.12.1984 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.V.Kannan For Respondents: Mr.K.Balasubramani, Special Government Pleader.

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O R D E R

Heard both sides.

2. The petitioner's lands were acquired almost 40 years ago. An award was passed in the year 1992. The petitioner was also given compensation. Acquisition was for distribution among the landless poor belonging to Adi Dravidar community. The petitioner now wants reconveyance. The petitioner had filed writ petition and the direction was given for considering his request. The petitioner's request was rejected. Challenging the same, the present writ petition came to be filed.

3. The learned counsel appearing for the writ petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to grant relief as prayed for.

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4. I am not persuaded by the said submission. As rightly pointed out by the learned Special Government Pleader, the petitioner has no right as such. The acquisition was done only for public purpose. Public purpose has also been effectuated. Therefore, the question of reconveyance does not arise at this point of time. These are the matters that are left to the discretion of the Government. I do not find any ground to interfere. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

09.11.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.26880 OF 2023 G.R.SWAMINATHAN,J.

PMU To:

1. The Secretary to the Government, Adi Dravidar Welfare, St. George Fort, Chennai.

2. The Director, Adi Dravidar Welfare, Chepauk, Chennai.

3. The District Adi Dravidar Welfare Officer, Karur, Karur District.

4. The District Collector, Karur District, Karur.

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