The State's power to acquire lands for a public purpose under relevant land acquisition laws and the court's discretion to allow fresh acquisition for distribution to identified beneficiaries.

JUDGMENT

(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act, to set aside the order dated 10.08.2022 made in W.P.No.6773 of 2022 and allow the above Writ Appeal.)

D. Bharatha Chakravarthy, J.,

1. The appellants are the owners of the lands in S. Nos. 31/10, 31/14-17 in Thamanur Village, Gingee Taluk, Villupuram District admeasuring an extent of Acres 2.15 Cents. By a notification under Section 4 (1) of the Tamil Nadu Adi-Dravidar Welfare Scheme Act, 1978 dated 28.01.1999, the said lands were sought to be acquired for the purpose of providing free house sites to Adi-Dravidar people, who were converted to Christianity. The petitioners challenged the acquisition before this Court and by order dated 06.01.2009 in W.P. No. 4997 of 1999 it was held that the Act, cannot be invoked once the persons are converted to Christianity and the notification was quashed. However, it was held that the same will not preclude the State authorities to issue fresh notification under the Land Acquisition Act, 1894 as it was for a public purpose to provide house sites to poor. This Court also found that the beneficiaries were already in possession and therefore granted an order of status quo regarding possession for a period of twelve weeks, within such time a fresh notification can be issued. The relevant paragraphs 25 and 26 of the Order is extracted hereunder for ready reference:

“25. Therefore, this Court is not inclined only to set aside the acquisition made under Tamil Nadu Act 31 of 1978 and leave the matters at that. It is just and necessary to give further directions to the second respondent District Collector and the third respondent State of Tamil Nadu. While the acquisition under the Tamil Nadu Act 31 of 1978 will stand set aside, this will not preclude the respondents from resorting to the acquisition under the Central Act 1 of 1894 for providing house sites to Christian Adidravidars of the Thamanur Village by taking appropriate steps for issuing a proper notification and proceed to acquire the lands for the purpose of distributing them to the 37 beneficiaries already identified by the respondents.

26. The respondents, if so desired, shall take steps to issue notification within a period of twelve weeks from the date of receipt of a copy of this order. Till such time, status quo regarding possession of the land will continue. The writ petition stands disposed of accordingly.

2. However, no steps were taken to acquire the lands, and therefore, Mariammal & 28 others, the original beneficiaries approached this Court to take effective steps under the 1894 Act and issue Pattas to them. By order dated 01.04.2019 in W.P.No.26196 of 2014, this Court recorded the statement made by the official respondents in the counter affidavit that, the Pattas granted to them originally will hold good and disposed off the writ petition. The relevant paragraphs 3 and 4 of the order is extracted hereunder for ready reference:

“3. In the paragraph no. 8 of the counter affidavit filed by the fourth respondent it is stated as follows:

Necessary steps have been taken and in this Office Proc. A/400/98 dated 09.04.1999 pattas to the houseless AdiDravidars (Converted Christians) was issued to 37 beneficiaries in the Tamil Land Acquisition Act 31/78, and the same will hold good, in the Central Act 1/1894, and there is no need to issue fresh pattas. There is no merit in the writ petition and is liable to be dismissed.

4. Recording the aforesaid statement in the counter affidavit filed by the fourth respondent and in light of the same, the Writ Petition is disposed of. No costs. The petitioners shall workout their remedy before the authority concerned for taking possession of the property.

3. The said Mariammal and others, once again approached this Court by way of W.P. No.19565 of 2020 to mutate the revenue records of the lands in the above survey numbers in their favour. By an order dated 09.07.