Nalluthevan .S v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.09.2025
CORAM:
THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
1. S.Nalluthevan 2.P. Adhisivan.
3. Kanaga,
4. Pitchammal,
5. V.Dhanalakshmi.
... Petitioners Vs
1. The State of Tamil Nadu, Represented by its Secretary, Department of Revenue, The Secretariat, Chennai.
2. The Secretary, Adi-Dravidar Welfare Department, TheSecretariat, Chennai.
3. The Director / Commissioner, Adi-Dravidar and Tribal Welfare Department, Chepauk, Chennai.
4. The District Collector, 1/6
Madurai District, Madurai.
5. The District Adi-Dravidar Welfare Officer, Madurai District, Madurai.
6. The Special Tahsildar, (Land Acquisition and Adi Dravidar Welfare), Usilampatti, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to restore the land in Survey No.54/1 to an extent of 0.58.5 Hectares is situated at Urappanur Bit-I, Thirumangalam Taluk, Madurai District and handover the same to the petitioners by considering their representation within the time stipulated by this Court. For Petitioner : Mr. T.Thirumurugan For Respondents : Mr.K.Balasubramani Special Government Pleader
O R D E R
By this Writ Petition, the petitioners seek restoration of the land in survey No.54/1 of an extent of 58.5 ares.
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2. Learned counsel for the petitioners submits that the above mentioned land was acquired for purposes of providing free house site pattas to members of the Schedule Caste. In spite of the lapse of about 30 years since the date of acquisition, he submits that the lands were not put to use. By referring to the counter affidavit of the fifth respondent, he points out that pattas were allegedly issued to 49 Adi Dravidars after the Writ Petition was filed. Therefore, he contends that the petitioners are entitled to the relief claimed.
3. Learned Special Government Pleader refutes his contentions. He points out that the acquisition was undertaken under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978. By relying on the judgement of the Hon'ble Division Bench of this Court dated 24.04.2015 in W.A.(MD) No.1663 of 2010, in the case of the Government of Tamil Nadu and others vs. Panayamma and others, he submits that the Hon'ble Division Bench concluded that reconveyance is not permissible under Act 31 of 1978. He also referred to an earlier order of this Court dated 08.06.2022 in W.P.(MD) No.2045 of 2022 dismissing the Writ Petition filed by the first petitioner herein as withdrawn. 3/6
4. The agreed position is that the acquisition was under Act 31 of 1978, which does not provide for reconveyance. In paragraph No.4(j) of the counter affidavit of the fifth respondent, it is stated as follows: "j. In view of the requests made by the adi-dravidars in Urappanur village which is one of the most communally sensitive village in Thirumangalam Taluk, the District Collector, Madurai on proper application of mind was pleased to pass orders in Roc. 12091/202/L7 dated 31.08.2024 granting on line patta to 49 poor adi dravidar families and that necessary changes have also been made in the 'A' Register of Urappanur Bit I village. Most of the beneficiaries have already commenced construction in the portion allotted to them."
5. Therefore, the stand of the fifth respondent is that the land has also been put to use by issuing pattas to 49 persons from the Scheduled Caste community. In these facts and circumstances, the request of the petitioners cannot be countenanced.
6. Hence, this Writ Petition is dismissed without any order as to costs by leaving it open to the petitioners to seek compensation in 4/6
accordance with law. Consequently, connected miscellaneous petition is closed.
NCS : Yes/No 22.09.2025 Index : Yes / No Internet : Yes / No apd To
1. The Secretary, Department of Revenue, The Secretariat, Chennai.
2. The Secretary, Adi-Dravidar Welfare Department, TheSecretariat, Chennai.
3. The Director / Commissioner, Adi-Dravidar and Tribal Welfare Department, Chepauk, Chennai.
4. The District Collector, Madurai District, Madurai.
5. The District Adi-Dravidar Welfare Officer, Madurai District, Madurai.
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SENTHILKUMAR RAMAMOORTHY.,J.
apd
6. The Special Tahsildar, (Land Acquisition and Adi Dravidar Welfare), Usilampatti, Madurai District.
ORDER MADE IN 22.09.2025 6/6