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WP No. 16207 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

WP No. 16207 of 2023

&

WMP No.15594 of 2023

N.Radha

D/o. N.Narayanappa, Door No. 3/486, Singiripalli

Hamlet, Meenanthotti Village, Soolagiri

Taluk,Krishnagiri District.

..Petitioner(s)

Vs

1. The Secretary to Government,

Adi Dravidar Tribal Welfare Department,

Government of Tamil Nadu, Fort St.George,

Chennai - 600 009.

2. The District Collector,

Krishnagiri District, Krishnagiri.

3. The Special Tahsildar,

Adi Dravidar Welfare (Land Acquisition)

Hosur Taluk, Krishnagiri District.

..Respondent(s)

PRAYER: This writ petition is filed under Article 226 of the Constitution of

India praying for issuance of writ of Declaration to declare the Land Acquisition

proceedings initiated by the respondents in respect of Property situated in

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WP No. 16207 of 2023

Survey No. 78/1-C of Singiripalli of Meenanthotti Village, Soolagiri Taluk,

Krishnagiri District with an extent of 0.74.5 hectare deemed to have been lapsed

u/s 24(2) of the Right to fair compensation and Transparency in Land

Acquisition, Rehabilitation and Restelement Act, 2013.

For Petitioner(s): Mr.V.Raghavachari, Senior Advocate

for Mr.D.Rajagopal

For Respondent(s): Mr.U.Baranidharan, Govt. Pleader

ORDER

The petitioner asserts that she became the owner of land in S.No.78/1C

under settlement deed bearing document No.566 of 1997. She also states that

she is in possession and enjoyment of the property and ekes out her livelihood

from the agricultural income derived therefrom.

2. According to the petitioner, her land was acquired by the Government

under Act 31 of 1978 and that patta was issued to 33 persons. Subsequently, it

was found that all the persons to whom patta was issued were ineligible. Given

the fact that the petitioner is still in possession, the petitioner prayed for a

declaration that the land acquisition proceedings have lapsed under Section

24(2) of Act 30 of 2013.

3. Although the relief claimed was under Section 24(2) of Act 30 of 2013,

learned senior counsel for the petitioner submitted that the land is liable to be

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WP No. 16207 of 2023

de-notified on account of the acquisition not fulfilling the intended purposes in

terms of Act 31 of 1978. By referring to Section 4(1) of this enactment, learned

senior counsel contends that the acquisition should be for a specific Harijan

Welfare Scheme. In the case at hand, he submits that the agreed position is that

all 33 persons to whom patta was issued were found to be ineligible. He places

strong reliance on the judgment of the Division Bench of this Court in

K.N.Ramachandran v. Muthumari and Others, judgment dated 08.11.2023 in

W.A.No.908 of 2014, particularly.

paragraphs 16 to 19 thereof. In that case, learned senior counsel submits that

the Court found that pattas were issued to 50 persons and that 47 pattas were

cancelled as early as in 2018. Therefore, he submitted that the Division Bench

concluded that the scheme had become unworkable. Likewise, in this case,

learned senior counsel submits that the scheme has become unworkable and

that, unlike in acquisitions under the Land Acquisition Act, 1894 or Act 30 of

2013, the lands cannot be used for any other public purposes. He also adds that

the petitioner was born deaf and dumb and is dependent on her land for

livelihood.

4. In response to these contentions, Mr.Abhishek Murthy, learned

Government Advocate, points out that the compensation was deposited in the

Sub Court, Hosur, in the year 1998. He has placed on record the original records

pertaining to the deposit of a sum of Rs.52,904/- in respect of land admeasuring

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WP No. 16207 of 2023

74.5 ares in S.No.78/1C. In view thereof, he submits that the ac