R. MOORTHY ARULAPPAN Vs. A. MARIAMMAL

JUDGEMENT

(1.) The appellants are the owners of the lands in S. Nos. 31/10, 31/14-17 in Thamanur Village, Gingee Taluk, Villupuram District admeasuring an extent of Acres 2.15 Cents. By a notification under Sec. 4 (1) of the Tamil Nadu Adi-Dravidar Welfare Scheme Act, 1978 dtd. 28/1/1999, the said lands were sought to be acquired for the purpose of providing free house sites to Adi-Dravidar people, who were converted to Christianity. The petitioners challenged the acquisition before this Court and by order dtd. 6/1/2009 in W.P. No. 4997 of 1999 it was held that the Act, cannot be invoked once the persons are converted to Christianity and the notification was quashed. However, it was held that the same will not preclude the State authorities to issue fresh notification under the Land Acquisition Act, 1894 as it was for a public purpose to provide house sites to poor. This Court also found that the beneficiaries were already in possession and therefore granted an order of status quo regarding possession for a period of twelve weeks, within such time a fresh notification can be issued. The relevant paragraphs 25 and 26 of the Order is extracted hereunder for ready reference:

(2.) However, no steps were taken to acquire the lands, and therefore, Mariammal & 28 others, the original beneficiaries approached this Court to take effective steps under the 1894 Act and issue Pattas to them. By order dtd. 1/4/2019 in W.P.No.26196 of 2014, this Court recorded the statement made by the official respondents in the counter affidavit that, the Pattas granted to them originally will hold good and disposed off the writ petition. The relevant paragraphs 3 and 4 of the order is extracted hereunder for ready reference:

(3.) The said Mariammal and others, once again approached this Court by way of W.P. No.19565 of 2020 to mutate the revenue records of the lands in the above survey numbers in their favour. By an order dtd. 9/7/2021, this Court found that the relief cannot be granted as the land acquisition proceedings were quashed and no fresh proceedings were initiated. However, the authorities were directed to expedite the land acquisition proceedings. The relevant paragraphs 6 and 7 of the Order would read as hereunder: