Pappammal and Others vs The State of Tamil Nadu and Others

M. Venugopal, J.—The Petitioners have filed the present writ petition seeking the relief of a Writ of Mandamus to direct the Respondents 1

to 5 not to disturb our possession and enjoyment of our lands and houses in S. No. 174/2 measuring about 13 cents, 15 cents, 6 cents, 18 cents

and 7 cents respectively in Chokkathevanpatti hamlet of Valandoor village, Usilampatti Taluk, Madurai District.

According to the First Petitioner she is residing and she has put up a thatched house and enjoyed of the vacant site around 13 cents in S. No.

174/2 in Chokkathevanpatti village. The land is a patta land. She is said to have been in possession and enjoyment of the land for more than 30

years. She has purchased the land through Registered Sale Deed. She and her predecessor in title and said to have been uninterrupted and

continuous possession of the property beyond the statutory period by making house tax and water tax.

The Petitioners 2 to 4 are also having their lands measuring about 15 cents, 6 cents, 18 cents and 7 cents respectively in S. No. 174/2 and are

residing in the houses put up therein. They are repeatedly in peaceful possession and enjoyment of their lands for about more than twenty years.

The State Government has initiated the Land Acquisition proceedings in 1981 followed by other proceedings in 1983. The said Land

Acquisition Proceedings have been initiated with a view to construct houses for 51 Adi-Dravidars as identified by the Third Respondent in the

lands measuring about 1.95 cents comprised in S. No. 174/2 to S. No. 174/2 to S. No. 174/10 and S. No. 174/16.

There are thirteen individuals (including the Petitioners) have filed the writ petition W.P. No. 7136 of 1994 before this Court against the

acquisition proceedings. This Court on 10.11.2000, has been pleased to pass an order directing the Petitioners therein to make fresh

representation within a period of four weeks from today and also that the First Respondent is directed to consider and pass orders u/s 48 of the

Land Acquisition Act, 1894. Furthermore, one P. Periasami, projected a writ petition in W.P. No. 6604 of 2001 against the Government of Tamil

Nadu represented by the Secretary to Adi Dravidar and Tribal Welfare Department, Fort. St. George, Chennai-9 and another and in WPMP. No.

9413 of 2001 on 04.04.2001 this Court has granted an order of interim injunction in respect of dispossession alone if not dispossessed already.

Ordered Notice.

One Sarkaraiammal filed a writ petition in W.P. No. 18929 of 2002 challenging the eviction notice given by the Village Administrative Officer

and the Revenue Inspector, Usilmpatty Taluk, Madurai District and the said writ petition has been disposed of with a direction that the Petitioner is

to file a regular appeal as per Section 10 of the Tamil Nadu Land Encroachment (Act 3 of 1905) before the authorities designated therein etc.

The main relief is sought for by the Petitioners in the present writ petition is that the Respondents 1 to 5 should not to disturb their possession

and enjoyment of their lands and houses in Survey No. 174/2 measuring about 13 cents, 15 cents, 6 cents, 18 cents and 7 cents respectively in

Chokkathevanpatti hamlet of Valandoor village, Usilampatti Taluk, Madurai District.

Admittedly, the learned Government Advocate appearing for the Respondents 1 to 5 submits that the land measuring an extent of 1.95 acres of

dry waste in S. Nos. 174/2, to 10 and 16 of Chockathevanpatti hamlet of Valandur Village, Usilampatti Taluk, Maduri District has been acquired

for providing house sites for 51 Adidravidar beneficiaries during the year 1982 and also Section 4(1) notification under the Land Acquisition

Act,1894, has been approved in G.O. Ms. No. 1113 Social Welfare Department dated 30.12.1981, has been published in the Gazette on

05.01.1982.

The learned Government Advocate for the Respondents 1 to 5 contended that the award has been passed by the Special Tahsildar (Adi

Dravidar Welfare) Usilampatti, Madurai District, in award No. 8/2-83 dated 21.03.1983, because of the objections raised by the land owners

they have filed a writ petitions in W.P. Nos. 2505,2551,2552,2506 and 2555 of 1983 before this Court and these writ petitions have been

dismissed and also writ appeal has also been dismissed. The Land owners and the encroachers have filed a suit in O.S. Nos.

37,38,35,39,40,42,43 and 44 of 2002 on the file of District Munsif Court, Usilampatti and all the suits have been dismissed.

The learned Government Advocate for the Respondents 1 to 5 brings to the notice of this Court that one among the beneficiaries namely M.

Vellaiyan filed a writ petition in W.P. No. 26636 of 2003 before this Court and this Court on 11.07.2007, has issued an order of dispossess the

encroachers in accordance with law within a period of two weeks and the Tahsildar, Usilampatti, adhering due process of law evicted the

encroachment in S. No. 174/2 allotted to the Petitioner namely Vellaiyan on 12.01.2008.

In this connection it is relevant to point out that one Pappammal and four others who are the legal representatives of the erstwhile owners of the

impugned lands filed in M.P. No. 9466 of 2007 in W.P(MD) No. 9466 of 2007 before the Bench of this Court wherein, this Court granted an

order of interim injunction till the implementation of the order of the Special Commissioner & Commissioner of Land Administration, Madras,

dated 13.06.2003.

That apart one R.S. Elangovan and others have filed the writ petition in W.P. No. 7145 of 2008 and W.P. No. 1860 of 2010 before this

Court for the release of the land in R.S. No. 174/2 of the same village and the above said writ petitions are still pending.

The learned Government Advocate for the Respondents 1 to 5 submits that to implement the order dated 13.06.2003, of the Special

Commissioner for Land Administration, Chennai, action is being taken by the Second Respondent/District Collector to select the alternate lands

for the eligible beneficiaries for whom, the land in question is acquired and house sites would be allotted as early as possible and an alternate land

in S. No. 181A/4 in an extent of 0.37.0 Hectare of 0.91 cents of Government Assessed waste dry land has been selected to provide house sites

to the eligible 24 Adi Dravidar beneficiaries and that proposal has been sent to the Second Respondent/District Collector, Madurai.

The submission of the learned Government Advocate for the Respondents 1 to 5 is that since the Second Respondent/District Collector,

Madurai, has already initiated steps to offer an alternative land to the beneficiaries and as such the question of disturbing the possession and

enjoyment of the impugned lands does not arise and the Respondents 1 to 5 would not disturb the possession and enjoyment.

In view of the submission of the learned Government Advocate for the Respondents 1 to 5 that the Respondents 1 to 5 would not dispossess

the Petitioners'' possession and enjoyment of the lands, this Court recording the same, disposes the writ petition as no further order is required to

be passed in the matter in issue, leaving the parties to bear their own costs. Consequently, connected M.P.(MD) No. 2 of 2007 is closed.