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2021 Supreme(Online)(MAD) 43464

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 27.10.2021 Coram:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.44452 of 2016 and W.M.P.No.38296 of 2016 Rani .... Petitioner Vs

1.The District Collector, Coimbatore District, Coimbatore.

2.The District Revenue Officer, Coimbatore District, Coimbatore.

3.The Tahsildar, Office of the Tahsildar, Madukkarai, Coimbatore.

4.The District Adi-Dravida Welfare Officer, Coimbatore District, Coimbatore.

5.The Special Tahsildar, Land Acquisition, Adi-Dravida and Tribal Welfare Department, Coimbatore District, Coimbatore. .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, forbearing the respondents from entering into the petitioner's land comprised in S.F.Nos.266/1 and 268, Vellalore Village, Coimbatore or damaging the crops in the said property, as far as the petitioner is concerned, except under due process of law.

For Petitioner : Mr.Y. Micheal Raj For Respondents : Mr. M.R.Gokul Krishnan Government Advocate

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, forbearing the respondents from entering into the petitioner's land comprised in S.F.Nos.266/1 and 268, Vellalore Village, Coimbatore or damaging the crops in the said property, as far as the petitioner is concerned, except under due process of law.

2. Heard, Mr.Y.Micheal Raj, learned counsel appearing for the petitioner and Mr. M.R.Gokul Krishnan, learned Government Advocate appearing for the respondents.

3. The case of the petitioner is that the mother of the petitioner purchased the property, comprised in Survey Nos.266/1 and 268 to an extent of 2.13 cents situated at Vellalore Village, Coimbatore, from one Meenakshi Ammal, by a registered sale deed dated 25.04.1979 vide document No.865 of 1979. After demise of her mother, the petitioner is in possession and enjoyment of the subject property. While being so, the respondents, without any notice, acquired the subject land for Adi- dravidar Welfare Scheme. On comning to know about the notification under Section 4(1) of the Land Acquisition Act, the petitioner sent a representation to the respondents restraining them from entering into the property and disturbing her peaceful possession without any acquisition under the law. At the same time, the petitioner filed this writ petition before this Court.

4. A perusal of the counter filed by the third respondent reveals that pending the writ petition, this Court by an order dated 21.04.2021, directed the third respondent to measure the entire land comprised in Survey Nos.266 and 268 of Vellalore Village, Madukkarai Taluk, Coimbatore District and find out what is the exact land acquired under the land acquisition proceedings, dated 18.03.1996 and the extent of such acquisition and also ascertain the remaining land and if so, the remaining land belongs to whom also can very well be ascertained and all these details to be ascertained and accordingly, a detailed report with sketch filed by the third respondent.

5. Accordingly, the third respondent inspected the subject property comprised in Survey Nos.266 and 268 situated at Vellalore Village. During their detailed survey of the entire lands in Survey No.266 of Vellalore Village, the details of the sub-division of the Survey No.266 and their respective owners are as follows :-

Sl. No Sub-division No. Extent (In Hectare) Owner's name
1 266/1A1 0.41.0 Adidravidar Natham
2 266/1A2 0.44.0 Kumarasamy Aasari and Ors
3 266/1B 0.09.0 C.Murugaian
4 266/1C 0.05.5 Velusamy
5 266/1D 0.04.5 Shanmugam
6 266/1E 0.03.0 Dhandapani
7 266/1F 0.03.0 Velusamy
8 266/1G 0.04.0 Palanisamy
9 266/1H 0.05.5 Easwaran
10 266/1I 0.04.0 Easwaran
11 266/1J 0.05.5 Palanisamy
12 266/1K 0.04.0 Subbathal
13 266/1L 0.01.0 Murugaian
14 266/1M 0.47.0 Mariammal
15 266/1N1 0.23.0 Krishna Konar

6. Likewise, the details of the sub-division of the Survey No.268 of Vellalore Village and their respective owners are as follows :

Sl. No Sub-division No. Extent (In Hectare) Owner's name
1 268/1 1.79.5 Adidravidar Natham
2 268/2 0.05.5 Krishnasamy
3 268/3 0.09.0 Murugaian
4 268/4 0.10.0 Murugaian
5 268/5 0.04.5 Shanmugam
6 268/6 0.05.0 Velusamy
7 268/7 0.03.5 Dhandapani
8 268/8 0.03.5 Velusamy
9 268/9 0.04.0 Palanisamy
10 268/10 0.14.0 Easwaran
11 268/11 0.05.0 Easwaran
12 268/12 0.14.0 Palanisamy Konar
13 268/13 0.13.0 Shanmugam
14 268/14 0.03.0 Palanisamy
15 268/15 0.03.0 Easwaran
16 268/16 0.38.5 Easwaran
17 268/17 0.08.0 Palanisamy
18 268/18 0.07.0 Velusamy
19 268/19 0.12.5 Easwaran
20 268/20 0.08.5 Dhandapani
21 268/21 0.13.5 Velusamy
22 268/22 0.12.5 Dhandapani

7. From the above, it has been ascertained that the entire land to an extent of 2.13 ½ acres in Survey Nos.266/1 and 268 have been acquired by the Adi Dravidar and Tribals Welfare Department by the acquisition proceedings dated 18.03.1996. The petitioner claiming alleged land ad-measuring 2.13 ½ acres is well within

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