High Court · 2007

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10-12-2007CORAMTHE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.10148 of 19991.K.C.Ponnusamy (died)2.K.P.Hariparanthaman3.K.P.Murali Krishnan.. Petitioners.(Petitioners 2 and 3 substitutedin the place of the deceased 1st petitioner as per order, dated 30.3.07,by SRJ in WPMP 29874/05 inW.P.No.10148/99)Versus1.The Secretary,The Government of Tamil NaduAdidravidar Welfare Department,Fort St.George, Chennai-600 009.2.The District Collector,Vellore District, Vellore.3.Special Tahsildar,Land Acquisition, Adhidravidar WelfareVellore District... Respondents.PRAYER: Petition filed under Article 226 of the Constitution of India,praying for a writ of Certiorari, to call for the records on the fileof the 3rd respondent in RCA.No.2427/98, order dated 9.4.99 in respectof dry lands in (1) S.No.269/2 measuring 0.01.5 (2) S.No.270/1Bmeasuring 0.11.5(3) S.No.282/A measuring 0085 situated at Ganga Nallurevillage, Vellore Taluk and Vellore District and quash the same. For petitioner: Mr.C.R.DasaradhanFor respondent : Mr.V.Manoharan Government Advocate O R D E RHeard Mr.C.R.Dasaradhan, the learned counsel appearing for thepetitioner and Mr.V.Manoharan, the learned Government Advocateappearing for the respondents.2. It is stated by the petitioner that he is the owner of 0.01.5 https://hcservices.ecourts.gov.in/hcservices/ Hectares of land in Survey No.269/2, 0.11.5 Hectares in S.No.270/18,0.08.5 Hectares in S.No.282/A, situate at Ganganallur Village, VelloreTaluk, Vellore District. The petitioner is residing in one portion ofthe lands and in the remaining area there are standing coconut trees.The yield from the coconut trees and the groundnut crops cultivated inthe lands are the only source of income for his family consisting ofnine members. While so, on the instigation of Chinnaraju andChinnakolanthai of Ganganallur, who were interested in purchasing thelands, the third respondent had initiated land acquisition proceedingsstating that it was being done to provide free hostel accommodation toAdidravidar School Students of Anaicut block. The third respondent hadissued notice, dated 2.11.1998, under the provisions of the Tamil NaduAcquisition of Land for Harijan Welfare Schemes Act, 1978, (Tamil NaduAct 31 of 1978) calling for objections, if any. After the petitionerhad submitted his objections, the third respondent had conducted anenquiry, dated 14.12.1998. During the course of the enquiry thepetitioner had stated that the acquisition proceedings were motivatedand that the lands in question are under the personal occupation of thepetitioner and his family and that they are residing in it. 3. It was also stated that other suitable lands were available atAnaicut, where the schools were located. Even though the thirdrespondent ought to have passed orders, under Section 4(3)(a) of theTamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978,(Tamil Nadu Act 31 of 1978) after the enquiry was conducted with regardto the objections, under Section 4(2) of the Tamil Nadu Acquisition ofLand for Harijan Welfare Schemes Act, 1978, (Tamil Nadu Act 31 of1978), the third respondent had not done so. Instead the thirdrespondent had issued a notice, under Section 12(2) of the LandAcquisition Act, 1894, which is arbitrary, illegal and withoutjurisdiction. Therefore, the petitioner has preferred the present writpetition, challenging the proceedings of the third respondent, dated9.4.99, by way of invoking Article 226 of the Constitution of India. 4. In the counter affidavit filed on behalf of the respondents, ithas been stated that the existing Adi Dravidar students hostel isfunctioning in a private building at Ganganallur Village on a monthlyrental basis. In order to avoid expenditure towards payment of rent,the Government of Tamil Nadu had formulated schemes to constructGovernment hostel buildings. Hence, the lands belonging to thepetitioners were selected for acquisition to construct free hostelbuilding for Adi Dravidar students, by invoking the provisions of theTamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978,(Tamil Nadu Act 31 of 1978). Therefore, the notice under Form I, underSection 4(2) of the Tamilnadu Act 31 of 1978 was issued to the landowner in R.C.A.No.2427/98, dated 13.11.1998, through registered postwith acknowledgement due. The petitioner had received the notice, on23.11.1998. Thereafter, the petitioner had appeared during the enquiryconducted on 01.12.1998. Since the land owner had not submitted hisobjection, necessary proposals were sent to the District Collector,Vellore, Vellore District, to accord sanction to publish the https://hcservices.ecourts.gov.in/hcservices/ notification, under Section 4(1) of the Tamilnadu Act 31 of 1978. TheCollector had accorded sanction in his proceedings K.(11) 83022/98,dated 28.01.1999. The above notification was also published in theDistrict Gazette No.6, dated 16.2.99. The notification was published inthe locality, on 20.2.1999. The value of the land was fixed withreference to the sale statistics and other relevant data relating toother lands in the locality. The pre-valuation statement was approvedby the Collector in his proceedings K.(11) 83022/98, dated 22.3.99. Theaward enquiry notice in Form No.III, under Section 5(1) of theTamilnadu Act 31 of 1978 was issued to the land owner in proceedingsRc.A.No.2427/98, dated 9.3.1999. The land owner's son had received thenotice, on 18.3.1999 and appeared for the enquiry on 25.3.1999.Thereafter, the award was passed in Award No.25/98-99, dated 26.3.1999.5. It has been further stated that the petitioner had submittedhis objections, on 27.3.99, with the request not to acquire the land inquestion. Notice in Form No.2(2) was also issued to the petitioner inRc.A.2427/98, dated 9.4.1999. Though the petitioner had received thenotice he had not turned up to receive the amount to be paid ascompensation. 6. It has also been stated in the counter affidavit filed onbehalf of the respondents that the petitioner is residing atKatturnthur village, which is 15 kms away from Ganganallur Village. Thepetitioner and his family is not residing at Ganganallur village. Only9 coconut trees were available in the acquired portion of the lands andthe coconut trees are not yielding as they are aged. Only dry cropslike groundnut are cultivated in the lands acquired from thepetitioner. The petitioner is having more than 5 acres of land inKatturnthur village. He is not depending upon the lands for hislivelihood as claimed by him. 7. It is also submitted that the lands in question are acquiredfor construction of free hostel buildings to avoid huge expenditurebeing paid as rent. Notice in Form I under Section 4(2) of The LandAcquisition Act 31 of 1978, had been issued to the petitioner, on2.11.1998. The petitioner had not submitted his objection, on14.12.1998, as stated by him. The alternate lands said to be availablein Kangapuram and other villages, for the construction of hostelbuildings, are actually situated at a distance of four or fivekilometres from Ganganallur Village. The petitioner had neithersubmitted his objection before the Land Acquisition Officer, nor signedthe statement recorded at the time of enquiry, on 01.12.1998. After theapproval of the pre-valuation statement from the Collector thenecessary award enquiry notice, under Form No.III was issued to thepetitioner vide proceedings in RcA.2427/98, dated 9.3.99. Thepetitioner had appeared for the award enquiry on 25.3.1999. He hadrefused to sign the statement recorded by the Land Acquisition Officerat the time of the award enquiry on 25.3.1999. The award was passed inAward No.25/98-99, dated 26.3.99. The petitioner had not submitted anyobjection petition before the passing of the award. He had also https://hcservices.ecourts.gov.in/hcservices/ submitted the objection petition, dated 26.03.1999 only on 27.3.1999,after the award had been passed on 26.03.1999. In such circumstances,the writ petition is liable to be dismissed as devoid of merits. 8. The learned counsel appearing on behalf of the respondents hadsubmitted that once the award is passed, it is not open to thepetitioner to file a writ petition, challenging the same as held by theFirst Bench of this Court reported in Ramalingam and three others Vs.The State of Tamil Nadu rep. by the Secretary to the IndustriesDepartment, Fort St. George, Chennai-600 009 and two others (2005-2-L.W. 693). Further, the petitioner had not submitted his objectionbefore the Land Acquisition Officer, nor signed the statement recordedat the time of the enquiry. Eventhough he had appeared for the enquiryheld on 25.03.1999, the award had been passed on 26.03.1999 and thepetitioner had submitted the objection petition, dated 26.03.1999, onlyon 27.3.1999, after the passing of the award.9. The learned counsel appearing on behalf of the petitioner hadnot refuted the said contentions raised on behalf of the respondents.10. Based on the submissions made on behalf of the partiesconcerned and on a perusal of the records available, it is clear thatthe petitioner had come before this Court by filing the present writpetition, invoking Article 226 of the Constitution of India, only on11.6.1999, challenging the award passed on 26.03.1999. In suchcircumstances, without going into the merits of the case, this Court isof the considered view that the decision of the Division Bench of thisCourt reported in Ramalingam and three others Vs. The State of TamilNadu rep. by the Secretary to the Industries Department, Fort St.George, Chennai-600 009 and two others (2005-2-L.W. 693), is applicableto the present case.11. In such circumstances, the writ petition stands dismissed.However, it is made clear that it is open to the petitioner to takeappropriate proceedings in the manner known to law, with regard to thecompensation said to be due to him, along with the other benefitsaccrued thereon. No costs. Sd/Asst.Registrar/true copy/Sub Asst.Registrarcsh https://hcservices.ecourts.gov.in/hcservices/ To1.The Secretary,The Government of Tamil NaduAdidravidar Welfare Department,Fort St.George, Chennai-600 009.2.The District Collector,Vellore District, Vellore.3.The Special Tahsildar,Land Acquisition, Adhidravidar WelfareVellore District.+1cc to Mr.C.R.Dhasarathan,Advocate Sr 72946KG(CO)km/23.1.W.P.No.10148 of 1999