IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.8.2009
CORAM:
THE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYA
Writ Petition No.6311 of 2001
1. R.V.Kannan
2. T.Perumal
3. T.Venkatesan .. Petitioners
vs.
1.The State of Tamil Nadu,
rep. by the Commissioner and
Secretary to Government,
Social Welfare (ADW) Department,
Fort St.George, Madras-600 009.
2. The Collector, Vellore District.
3. The Special Tahsildar/Land Acquisition Officer,
Adi Dravidar Welfare, Walajah Taluk,
North Arcot District. .. Respondents
Writ Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, as stated therein. For petitioners : No appearance
For respondents : Mr.D.Sreenivasan, Addl.G.P.
ORDER
The prayer in the Writ Petition is for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the order bearing reference in Na.Ka.K.11/118027/85, dated 20.2.2001 of the second respondent, as communicated by the third respondent, and to further direct the respondents herein to drop the acquisition in respect of the piece of land measuring 1.03 acres in Padiambakkam Village, more particularly described in the Schedule hereunder:
SCHEDULE
All that piece and parcel of land measuring Acre 2.80 cents out of a total extent of Acre 3.87 cents in Punjai Survey No.22, Padiambakkam Village, bounded on:
North by: Pattai and common land;
South by: Land belonging to Madulai Arumugam and others
East by : Land belonging to Madulai and others
West by : Common pathway
and situate within the Sub-Registration District of Walajah and the Registration District of North Arcot.
2. By the impugned order/notice dated 20.2.2001, the respondents rejected the prayer of the petitioners for desisting from acquiring the land(s) in question.
3. The petitioners claim to be the owners of the agricultural land(s) comprised in S.No.28/4, 28/5 and 28/6 of Padiambakkam Village, Wallajah Taluk. According to the petitioners, the lands are being used for cultivating paddy and when steps were taken to acquire the land(s), in February 1981, they objected to it and the proceedings were dropped at that stage. It appears that subsequently, a Notification was issued under Section 4(1) of the Land Acquisition Act on 27.11.1987 and notice for Enquiry under Section 5-A of the said Act was also issued on the petitioners during January 1988. On receipt of the said notice, the petitioners submitted their objections in detail and pointed out that the land(s) in question were not suitable for the purpose for which they were being sought for and acquired. After necessary enquiry, the objections were over-ruled and a Declaration under Section 6 of the said Act was issued in G.O.Ms.No.82, Social Welfare Department, dated 6.9.1988. At that stage, the petitioners preferred a Writ Petition No.13642 of 1988, against the land acquisition proceedings, which was dismissed by this Court on 1.8.1991, against which, Writ Appeal in W.A.No.402 of 1992 was preferred, which was also dismissed, but therein, the following observations were made:
“However, at this stage, if the possession of the lands is not taken by the respondents, as on today, it is open to the appellants to make representation indicating that other suitable lands are available and that there is no need to take possession or acquire these lands. If the respondents are satisfied, it is open to them even now, if the possession of the lands is not taken away, to withdraw from the acquisition. It is needless to state that if the lands are not really required, the Respondents may not have the pleasure of depriving the appellants of their lands.”
It is only thereafter, the petitioners again represented before the first respondent on 11.8.1997, which has been rejected by the impugned order.
4. From the counter affidavit filed by the respondents-State, it appears that the Award, in the meantime, was passed on 6.12.1991 in Award No.6/91-92. The land owners have not received the compensation amount(s) and therefore, it was ordered to be kept under R.D. R.C.A.No.6030/78, dated 23.2.1998.
5. From the facts aforesaid, it would be evident that Writ Petition No.13642 of 1988, which was preferred by the petitioners against the land acquisition proceedings, was dismissed by this Court on 1.8.1991, as confirmed by the Division Bench in W.A.No.402 of 1992. Subsequent Writ Petition preferred by the petitioners in W.P.No.3428 of 1998, was also dismissed on 12.3.1998. The present Writ Petition in W.P.No.6311 is preferred in 2001, but it is much after the Award was passed by the respondents on 6.12.1991. In view of the fact that earlier, the Court refused to interfere with the Notification issued under Section 4(1) of the Land Acquisition Act or the Declaration under Section 6 of the Land Acquisition Act, no relief can be granted to the petitioners at this stage.
6. There being no merits, the Writ Petition is dismissed. No costs.
11.8.2009
Index: Yes
Internet: Yes
cs
To
1.The State of Tamil Nadu,
rep. by the Commissioner and Secretary to Government,
Social Welfare (ADW) Department,
Fort St.George, Madras-600 009.
2. The Collector, Vellore District.
3. The Special Tahsildar/Land Acquisition Officer,
Adi Dravidar Welfare, Walajah Taluk,
North Arcot District.
S.J.MUKHOPADHAYA,J
cs
W.P.No.6311 of 2001
11.8.2009