Back
2015 Supreme(Mad) 1499
HIGH COURT OF JUDICATURE AT MADRAS
V. DHANAPALAN & G. CHOCKALINGAM, JJ.
District Collector, Salem & Another – Appellants
Versus
Palanisamy & Others – Respondents
W.A. No. 527 of 2012 & M.P. No. 1 of 2012
Decided On : 31-03-2015
For the Appellants: R. Rajeswaran, Special Government Pleader.
For the Respondents:R1 & R2, No Appearance, R3, D. Shivakumar, R4, P. Mani, Advocates.
Headnote:
Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 - Section 4(1) – Constitution of India, 1950 - Article 46 – Quash of order - Possession of lands - Acquisition of lands - Case of writ petitioners respondents 1 to 3 herein is that lands measuring in Survey of Village was ancestral property of writ petitioners - By virtue of a registered Partition Deed lands have been partitioned among writ petitioners - However for sake of convenience they are in joint possession of lands and first respondent herein is taking care of lands which have fallen to share of respondents 2 and 3 also - It is further case of writ petitioners that subject matter of writ petition namely lands comprised in Survey measuring Hectares therein and many other pieces of lands all put together originally belonged to father of writ petitioners and his brothers and sisters and they have partitioned land among themselves - Lands comprised in Survey and other lands came to share of father of writ petitioners - Land in Survey measuring more than one acre on west also belonged to father of writ petitioners - On eastern side of land of writ petitioners in Survey and in said colony was situated and about thirty families were living therein - On western side of Survey there is a main road – Held, Court have perused order of Single Judge made and synopsis of dates and events submitted by learned counsel for third respondent - Other ground raised by counsel for third respondent is that a civil suit is pending between parties and one of parties is claiming pathway and civil suit is also dismissed - It is not necessary to see whether civil suit is pending or not - In acquisition proceedings land is acquired by Government after complying procedure of Rules and land is vested with free from all encumbrances - Argument of counsel for third respondent that decree passed in civil suit would affect acquisition proceedings cannot be accepted – Further learned counsel for third respondent has raised a ground in writ petition and in writ appeal that in Survey there is no community people residing and they are shifted to some other place adjoining to main road and therefore there is no necessity to acquire said land - Further even in synopsis of dates and events learned counsel for third respondent specifically admitted that there are two family peoples residing for which pathway is absolutely necessary for Survey - It is not at all denied by writ petitioners that there is no other separate pathway - In above circumstances admittedly there are two family peoples are residing in Survey and absolutely necessary to acquire land for pathway to peoples - Some of peoples were shifted from residence adjoining to road cannot be a valid ground to set aside land acquisition proceedings - In view of above except above two grounds alleged in writ petition no other ground was put forth on side of learned counsel for third respondent in synopsis of dates and events - Since there is no appeal filed by third respondent for not considering other grounds all the other grounds raised by counsel for third respondent are not valid to quash acquisition proceedings - In view of above court are of considered view that finding of Single Judge is not correct and therefore order of Single Judge is liable to be set aside - Writ appeal is allowed
G. Chockalingam, J.
1. This writ appeal is directed against the order dated 02.12.2010 made in W.P.No.6294 of 2004, wherein the relief sought for was to call for the entire records relating to the Notification in ROC.No.51416/2002 (D-12), dated 01.01.2004 issued by the first respondent under Section 4(1) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 published in Salem District Gazette Extraordinary issue dated 07.01.2004 and quash the same so far as it relates to the lands of the writ petitioners measuring 0.11.0 Hectares in S.No.310/4B2 in Chenreddiyur Hamlet of Kuttapatti Village, Mettur Taluk, Salem District.
2. The case of the writ petitioners/respondents 1 to 3 herein is that the lands measuring 4.27 acres (1.71.0 Hectares) in Survey No.310/4B of Kuttapatti Village, Mecheri Taluk, Salem District was the ancestral property of the writ petitioners. By virtue of a registered Partition Deed dated 17.04.2003, the lands have been partitioned among the writ petitioners. However, for the sake of convenience, they are in joint possession of the lands and the first respondent herein is taking care of the lands which have fallen to the share of the respondents 2 and 3 also. It is the further case of the writ petitioners that the subject matter of the writ petition namely the lands comprised in Survey No.310/4B2 measuring about 0.11.0 Hectares out of 1.72.0 Hectares therein and many other pieces of lands, all put together more than 30 acres originally belonged to the father of the writ petitioners viz., Nallappa Gounder and his brothers and sisters and they have partitioned the land among themselves. The lands comprised in Survey No.310/4B2 and other lands came to the share of the father of the writ petitioners. The land in Survey No.310/4A measuring more than one acre on the west of S.No.310/4B2 also belonged to the father of the writ petitioners. On the eastern side of the land of the writ petitioners in Survey No.308, there was a Gramanatham and in the said Gramanatham Arunthathiar colony was situated and about 30 Arunthathiar families were living therein. On the western side of the Survey No.310, there is a main road namely Mecheri Nangavalli main road.
3. The said Arunthathiar in the Gramanatham in Survey No.308 wanted to shift their residence near the main road on the western side. One Perumal has patta land in Survey No.308/1B measuring about 0.64 acres. He has built a terraced house in the place of his thatched shed and he is living in the old colony. Apart from the said Perumal, another person namely Kuppusamy, who is a native of a neighbouring village viz., Ellampillai is living in the colony. The said Kuppusamy owns patta land in the said Ellampillai village. Thus only two families are living in the Gramanatham in Survey No.308. The third respondent has purchased about 0.38.0 Hectares in Survey No.308/1B and another extent of 0.25.5 Hecs in Survey No.308/1E of Kuttampatti Village by virtue of a registered Sale Deed dated 14.03.1999. The third respondent also owns other patta lands, part of which are purchased from the paternal uncle of the writ petitioners viz., one S.Palanisamy in the year 1985. The third respondent has got a right of way to his other patta lands, through Survey No.301/4B2 belonging to the writ petitioners. But the third respondent has instigated some powerful persons hailing from Arunthathiar community and to make a request for a pathway to the Arunthathiar colony which is right now not in existence as a colony. The ultimate aim of the third respondent is to misuse and abuse the Government machinery to seek acquisition of the lands belonging to the respondents 1 to 3/writ petitioners to get a pathway laid by the Government by acquiring the lands of the writ petitioners.
4. It is the further case of the writ petitioners / respondents 1 to 3 herein that the second respondent had issued a notice dated 26.09.2003 under Section 4(2) of the Tamil Nadu Acquisition of Land for
