RASANIAMMAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) All the above three matters are in relation to the same acquisition proceedings initiated by the Acquisition Authority in respect of the subject property belonging to the petitioner for the purpose of grant of house patta to the members of the Adi-Dravidar community. According to the petitioner, she was not aware of the acquisition proceedings as the notification issued under the Land Acquisition Act, 1984 had not been properly served or brought to the notice of the petitioner. According to her, she had come to know about the proceedings only somewhere in 2011 and on the basis of the advice, she had approached Civil Court and filed O.S.No. 368 of 2011 before the Principal District Munsif Court, Sankarankovil, primarily to declare the acquisition proceedings as null and void.

(2.) The suit was dismissed on 08.11.2013 on the ground that the Civil Court had no jurisdiction to declare the land acquisition proceedings as null and void. As against the dismissal of the suit, the petitioner filed appeal in A.S.No.15 of 2014 before the Sub Court, Sankarankovil which was also dismissed on the same ground on 28.10.2014. The petitioner, thereafter, filed a second appeal in S.A.(MD)No.496 of 2016 before this Court and the same is pending.

(3.) The petitioner has also simultaneously filed W.P.(MD)No.6061 of 2018 challenging the proceedings of the second respondent therein dated 02.09.1997 assigning the petitioner's land after acquisition to respondents 3 to 19 herein on the ground that these private respondents were note entitled to be granted patta since most of them own houses in the village and by playing fraud upon the authority, they had obtained patta illegally.