Rew. Appln. 109 of 2021

THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2021

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN

Rew. Appln. 109 of 2021

against

W.P.No.19565 of 2020

1. A. Mariammal

2. Annamery

3. Esthar Rani

4. Josebinmery

5. Shanthi

6. Anitha

7. Salethmery

8. Reginamary

9. Uthiriyamery

10. Arul

11. Thresa

12. Paulinmery

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Rew. Appln. 109 of 2021

13. Motcharagini

14. Anna Poorani

15. Arokkiya Mery

16. Arulaai

17. Selvi

18. Prakasam

19. Lourdumery

20. Johnmery

21. Annakkili

22. Mery

23. Mery

24. Charles

25. Lourdumery

26. Elenmery

27. Fathima

28. Dhansu

29. Kalarani

... Petitioners

/vs/

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Rew. Appln. 109 of 2021

1. The Secretary to Government of Tamil Nadu

Adhi Dravidar Welfare Department,

St. George Fort,

Chenani 600 009

2. The District Collector,

Office of the District Collector,

Villupuram, Villupuram District.

3. The District Adhi Dravidar Welfare Officer,

Villupuram,

Villupuram District.

4. The Special Tahsildar,

Land Acquisition & Adhi Dravidar Welfare,

Gingee, Villupuram District.

... Respondents

PRAYER : Review petition filed under Order 47 Rule 1 read with Section

114 CPC to review the order dated 09.07.2021 passed in W.P.No.19565 of

2020.

For Petitioners

: Dr. A.E.Chelliah,

Senior Counsel,

for

Mr. K.Sendurpandi

For Respondents

: Mr. S.Arumugam,

Government Advocate

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Rew. Appln. 109 of 2021

O R D E R

This review petition has been filed by the petitioners in the writ

petition, seeking to review the order dated 09.07.2021 passed in W.P.No.

19565 of 2020.

2. The petitioners had filed a writ petition seeking a direction to

mutate the revenue records in their favour pursuant to the patta granted by

the respondents 3 and 4, in respect of Survey Numbers 31/10, 13, 15, 16 &

17 of Thamanur Village, Gingee Taluk, Villupuram District. Earlier the land

in the above said survey numbers had been acquired by the respondent

under the Tamilnadu Acquisition of land for Harizan Welfare Scheme Act

(Act 31/78). Subsequently, the lands were reclassified as "Adi Dravidar

Colony Natham", and pattas were issued to 37 beneficiaries including the

petitioners. In the meantime, the owner of the lands filed a writ petition

before this Court challenging the acquisition proceedings in W.P.No.4997 of

1999 and this Court, by an order dated 06.01.2009, set aside the acquisition

proceedings on the ground that the petitioners belong to converted Christians

and they have not come under the category of Adi Dravidar and the lands

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Rew. Appln. 109 of 2021

cannot acquired under Tamilnadu Act 31 of 1978. However, this Court

given a liberty to the respondents to initiate acquisition proceedings under

the Central Act 1 of 1894 and that order has become final. Admittedly,

thereafter no fresh acquisition proceedings has been initiated by the

respondent/Government.

3. The petitioners, who got patta pursuant to the land acquisition

proceedings, filed the Writ Petition seeking mutation of the revenue records

in their favour. This Court, by an order dated 09.07.2021 dismissed the writ

petition on the ground that already acquisition has been set aside and no

fresh acquisition has been initiated. Hene, the petitioner cannot claim any

right based on the patta granted to them and the Revenue Records cannot be

mutated in their favour.

4. To review that order, the present Review has been filed mainly on

the ground that, the land has already been reclassified as "Adi Dravidar

Colony Natham" and patta has been issued to the petitioners and hence, the

petitioners' right to get the revenue records mutated in their favour cannot be

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Rew. Appln. 109 of 2021

denied. That apart, in the Status Report filed