Dismissed

T.Jayarani v. the District Collector

Madras HC24 Feb 2020WP(MD)/3691/2020

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking direction to acquire specific land for issuing free house site patta to a petitioner, as she lacked locus standi to demand acquisition of another's property and the cited notification was not valid under the Act.

What did the court decide?

Writ petition dismissed with costs of Rs. 5,000/- payable by the petitioner to the Legal Services Authority, Madurai Bench.

T.Jayarani Vs the District Collector — Pension and Retirement Benefits | Madras HC (2020)

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W.P.(MD).No.3691 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.02.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE S.S. SUNDAR

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W.P.(MD).No.3691 of 2020

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T.Jayarani .. Petitioner

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Vs.

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1.The District Collector, Virudhunagar District, Virudhunagar.

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2.The District Adidravidar and Tribal Welfare Officer, Virudhunagar District, Virudhunagar.

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3.The Revenue Divisional Officer, Sattur, Virudhunagar District.

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4.The Special Tahsildar, Adidravidar Welfare Department, Srivilliputhur, Virudhunagar District.

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5.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

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6.The Revenue Inspector, Rajapalaym, Virudhunagar District. 7.Subbulakshmi .. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondents 1 to 6 herein to complete the acquisition proceedings in respect of the property situated in Survey No.363/1A, Sambanthapuram Village, Rajapalayam Taluk, Virudhunagar District and take necessary steps to issue free house site patta to landless Adidravidars in accordance with the procedure stated under Tamil Nadu Acquisition of Land for Harijan Welfare Schedules Act, 1978, within the stipulated period prescribed by this Court.

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD).No.3691 of 2020

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For Petitioner : Mr.M.Jothibasu For Respondents : Mr.A.Muthukaruppan for R1 to R6

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Additional Government Pleader

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ORDER

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This writ petition is filed for issuance of Writ of Mandamus, directing the respondents 1 to 6 herein to complete the acquisition proceedings in respect of the property situated in Survey No.363/1A, Sambanthapuram Village, Rajapalayam Taluk, Virudhunagar District and take necessary steps to issue free house site patta to landless Adidravidars in accordance with the procedure prescribed under Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 within the stipulated period prescribed by this Court.

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2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for respondents 1 to 6. Considering the facts and circumstances of this case and on hearing both sides, notice to the 7^th respondent is dispensed with at this stage and this writ petition is taken up for final hearing at the admission stage itself.

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3.The petitioner states that she belongs to scheduled caste community and that she is a landless poor. It is also admitted by the petitioner that the husband of 7^th respondent was the original owner in respect of the property in S.No.363/1A measuring a total extent of 1.09.0 hectares. The petitioner refers to several other lands acquired for the purpose of issuing free house site patta to Adi Dravidar after acquiring several parcels of land. It is the specific case of the petitioner that the land measuring an extent of 1.09.0 hectares in S.No.363/1A in Sambanthapuram Village, Rajapalayam Taluk, Virudhunagar District was acquired from the husband of 7^th respondent by a notification, dated 11.06.2004 issued and published under Section 4(1) of Tamilnadu Acquisition of Land for Harijan Welfare Scheme Act, 1978. It is the further case of the petitioner that once a notification under Section 4(1) is issued under the Act 31 of 1978, the land vest with Government free from all encumbrances and that the property is no more a property of individual.

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4.The further grievance of the petitioner is that the land which was acquired in 2004 was not distributed to the people like petitioner as there is no provision under the State Act for return of land as it is available under Section 48 B of Land Acquisition Act, 1884. Since, further proceedings have not been initiated by the respondent pursuant to the Section 4(1) notification issued in 2004, the petitioner has approached this Court.

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5.This Court find that the notification which is relied upon by https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD).No.3691 of 2020

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the petitioner is not one under Section 4(1) of Act 31 of 1978. The notification, dated 07.06.2004 and published on 11.06.2004 reads as follows:

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@f PH ;fhQqk; tptu ml;ltizapy; Fwpg;gpl;Ls;sJk;. tpUJefh;. khtl;lk;. ,uhrghisak; tl;lk;. rk;ke;jg [uk; fpuhkj;jpy; mike;Js;sJkhd epyk; Mjpjpuhtplh; eyj; jpl;lj;jpw;fhf mjhtJ Mjpjpuhtplh;fSf;F ,ytr t Pl ;Lkid tH';Fk; bray; nehf;fj;jpw;fhf njitg;gLfpwbjd;W jkpH;ehL muRf;F njhd;Wtjhy; jkpH;ehL 1978Mk; Mz;L Mjpjpuhtplh; eyj;jpl;l';fSf;fhf njitg;gLfpwbjd;W jkpH;ehL muRf;F njhd;Wtjhy; jkpH;ehL 1978Mk; Mz;L Mjpjpuhtplh; eyj;jpl;l';fSf;fhf epyk; ifafg;gLj;Jjy; rl;lk; (jkpH;ehL rl;lk; 31/1978) 4Mk; gphpitr; nrh;e;j (1) cl;gphptpd; tpjpj; JiwfSf;F , z';f bjhlh;g [ila midtUf;Fk; ,jdhy; mwptpf;fg;gLfpwJ/ f PH ;fhQqk; tptu ml;ltizapy; Fwpg;gpl;Ls;s epyj;ij cldoahf ifafg;gLj;j ntz;oa [s ;sjhy; ,g;nghJ nkw;brhd;d rl;lj;jpd; 4Mk; gphpitr; nrh;e;j 4(1) cl;gphptpy; tH';fg; bgw;Ws;s mjpfhu';fisf; bfhz;L tpUJefh; khtl;l Ml;rpah; nkw;brhd;d gphptpd; tpjpj;Jiwapd; f PH ; ,e;epyj;ij ifafg;gLj;JkhW ,jdhy; MizapLfpwhh;/@

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This notice relied upon by the petitioner is not a notification under Section 4(1) of the Act 31 of 1978. But a direction from District Collector to acquired the land. This notice of District Collector is taken by the petitioner as a notification issued under Section 4(1) as this was also published in the District Gazette.

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6.Section 4(1) of The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act reads as follows:

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“4. (1) Where the District Collector is satisfied that for the purpose of any Harijan Welfare Scheme, it is necessary to acquire any land, he may acquire the land by publishing in the District Gazette a notice to the effect that he has decided to acquire the land in pursuance of this section.”

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7.The Act gives an absolute power to the District Collector to acquire the land, if he is satisfied that the land is necessary for the purpose of any Harijan Welfare Scheme. In the notification relied upon by the petitioner, the District Collector refers to the communication from the State Government about the decision of the Government requiring the land for Harijan Welfare Scheme.

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8.Before publishing the notice under Section 4(1), the District Collector has to hold an enquiry under Section 4(2) of the Act. A show cause notice in terms of Section 4(3) of the Act is also required. Admittedly, no such notice was issued to the land owner https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD).No.3691 of 2020

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at any time. The notice under Section 4(1) is required to be issued as shown in From II. The notice, dated 07.06.2004 is not in the format as prescribed in the rules. From the papers circulated by the petitioner in the typed set, the petitioner's husband requested the authorities to acquire the land in S.No.363/1A for a long time and for giving the house site patta. Since the acquisition was not started or completed by issuing a notification under Section 4(1) of the Act, it is seen that the petitioner's husband approached the authorities. At a later stage the authorities also have decided to acquire the land by private negotiations. Even that did not fructify. Without disclosing the events, the petitioner has approached this Court as if the acquisition proceedings was completed by following the provisions by issuing the notifications under Section 4(1) of the Act in 2004. After the death of petitioner's husband, petitioner is now requesting the authorities to give her house site patta in S.No.363/1A based on the representation of her husband earlier. The petitioner is seeking house site patta from the Government for a specific land even though she has no right to give directions to the respondent to acquire a specific property. The petitioner's husband all along has made several representations to acquire the land that belonged to the 7^th respondent. The petitioner has no right to seek acquisition and assignment of a particular land which belongs to a third party. If the representation of the petitioner's husband is considered, that will be quiet contrary to the constitution mandate and object behind the privileges offered to the persons belonged to weaker sections. The petitioner has no manner of right or locus standi to insist the respondents to acquire a particular land and to assign to her.

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9.Having regard to the fact that the petitioner has come forward with a false case to mislead this court on the basis of a notification, which is not a notification in terms of Section 4 of the State Act, the purpose of this litigation appears to be to harass the owner of the property with ill motive.

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10.Hence, this writ petition is dismissed with cost of Rs.5,000/- (Rupees Five thousand only) payable by the petitioner to the Legal Services Authority, Madurai Bench of Madras High Court, Madurai.

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD).No.3691 of 2020

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TM To

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1.The District Collector,
Virudhunagar District, Virudhunagar.
2.The District Adidravidar and Tribal Welfare Officer, Virudhunagar District, Virudhunagar.
3.The Revenue Divisional Officer, Sattur, Virudhunagar District.
4.The Special Tahsildar, Adidravidar Welfare Department, Srivilliputhur, Virudhunagar District.
5.The Tahsildar,
Rajapalayam Taluk, Virudhunagar District.
6.The Revenue Inspector,
Rajapalaym, Virudhunagar District.
+1 CC to M/s.G.M.LAW ASSOCIATES, Advocate ( SR-7988[F] dated 25/02/2020 )
+1 CC to M/s.SPL.GP ( SR-8077[F] dated 25/02/2020 )
W.P.(MD).No.3691 of 2020
24.02.2020
KK/16.03.2020/ 5P-9C

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https://hcservices.ecourts.gov.in/hcservices/

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T.Jayarani v. the District Collector

Case brief

What is this about?

What did the court decide?

T.Jayarani v. the District Collector

Case brief

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