V PERIANNAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner has come forward with this writ petition seeking for an order to restrain the respondents from interfering with his peaceful possession and enjoyment of the property in Survey No.252/4A measuring an extent of 1.46 in Soutahalli Village, Kaveripattinam, Krishnagiri District.

(2.) WHEN the writ petition came up for hearing on 01.10.2010, this Court directed the learned Special Government Pleader to take notice and file counter. Pursuant to such direction, a counter was filed by the second respondent dated 29.10.2010.

(3.) APART from these legal issues, in the counter, it was specifically contended by the second respondent that possession of the land was already taken by the Government on 03.01.1991 after the award was passed on 19.12.1980 and the land was sub-divided into plots and house sites and house site pattas were also issued to the poor Adi Dravidar People of Soutahalli Village, Kaveripattinam, Krishnagiri District on 05.06.1981. According to the second respondent, the process of land acquisition completed 29 years back and therefore, the present writ petition is not maintainable. Further, the petitioner has filed O.S. No. 447 of 1986 before the District Munsif Court, Krishnagiri and the same was dismissed on 31.07.1991. As against the dismissal of the suit, A.S. No. 102 of 1994 was filed and the same was also dismissed. It is also stated that the petitioner was fully given notice on all the stages of the proceedings. Since the petitioner refused to receive the compensation on the ground that the value of the compensation was low, compensation amount was deposited with the jurisdictional reference Court. It is also stated that the petitioner, after dismissal of the suit and appeal, got a certificate of priority from the Tahsildar stating that he is a priority candidate and entitled to all benefits of the Government scheme in furtherance to the acquisition of land from him. It is also contended that it was the petitioner, who has prevented the Dalits of the village from enjoying the fruits of the lands allotted to them and that therefore the writ petition is an abuse of process of the Court.