Writ issued by Single Judge held ineffective.

The petitioner in W.P. No. 13786 of 1995 was allotted half share in Survey No.138/2A of an extent of 1.65 acres in Komarapalayam Amani Village. Tiruchengode Taluk, in a family agreement. Challenging the proposal to acquire his land under the provisions of Tamil Nadu Act 31 of 1978. he filed W.P. No.9487 of 1981 on the file of this Court praying for the issue of a writ of mandamus forbearing the authorities from in any manner depriving him of his land under the provisions of Tamil Nadu Act 31 of 1978.

2. The petitioner in W.P. No. 13787 of 1995 is the owner of an undivided half share in Survey No.138/ 3 of Komarapalayam Amani Village, Tiruchengodu Taluk, of an extent of 1.55 acres. When his lands were sought to be acquired under the provisions of Tamil Nadu Act 31 of 1978, he filed W.P. No.9486 of 1981 before this Court for a similar relief as in the other writ petition.

.3. The petitioners in W.P. No. 13830 of 1995 are the joint owners of the land in Survey No. 189/1 of Padaveedu Village of an extent of 3.69 acres. They are in exclusive possession and enjoyment of the same from the date of purchase. When those lands were sought to be acquired by the Government under Tamil Nadu Act 31 of 1978, the same was challenged by the erstwhile owners by filing W.P.No.8173 of 1981 in this Court.

.4. By a common order in W.P. Nos.9486 and 9487 of 1981, S.Padmanabhan, J., passed the following order on 10. 1981:

.“The learned Additional Government Pleader takes notice. A Bench of this Court has struck down the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act. 1978 (Act 31 of 1978) in Anandhi Ammal v. Collector of Tirunelveli and etc., W.P.No. 797 of 1980 and connected writ petitions. In the circumstances, the writ petitions are allowed. No costs”.

5. Likewise, this Court by order dated 19. 1981 in W.P. No.8173 of 1981. which was filed by the vendor of the present petitioners in W.P. No. 13830 of 1995, allowed the writ petition observing as follows:

“The provisions of the Tamil Nadu Act 31 of 1978 (The Tamil Nadu Acquisition of Lands for Harijan Welfare Schemes Act) have been struck down by a Bench of this Court in Ananthi Animal v. The Collector of Tirunelveli and others. W.P. No.797 of 1980, dated 9. 1981. Hence, the impugned notice is quashed and the writ petition is allowed.

The petitioner states that the respondents are trying to interfere with his possession. In view of the fact that the provisions of the impugned Act have been struck down, the respondents will not have any right to interfere with the possession of the petitioner on the basis of the provisions of the said Act.”

6. According to the petitioners, the Special Tahsildar, Adi Dravidar Welfare, Sankari, has issued a notice to the petitioners in W.P. Nos. 13786 and 13787 of 1995 calling upon them to surrender possession of the acquired lands to the Land Acquisition Officer and Special Tahsildar. Adi Dravidar Welfare, Sankari. on or before 10. 1995 failing which possession will be taken by the Taluk Magistrate and Tahsildar, Tiruchengode. forcibly. The notice issued in Roc.No.l 150/89(A) dated 29. 1995 by the Office of the Special Tahsildar, Adi Dravidar Welfare, Sankari, runs thus:

"Ref: This office Award No.8/80-81 dated 23. 1981.

Please take notice that the lands noted below have been acquired by Government under the provisions of the Tamil Nadu Acquisition of Lands for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act No.31 of 1978), for the purpose of provision of house sites to the Arunthathiars of Thattankuttai, hamlet of Komarapalayam Amani Village, in this office Award cited and you have also received the amount of compensation on 30.3.1981.

As the abovesaid Act was struck down by the High Court, Madras, the acquired lands were not taken possession by the Government and you are enjoying the lands till now. Now, the Supreme Court of India have upheld the provisions of the abovesaid Act, as valid by its judgment dated 211. 1