N ARIVAZHAKAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) AGGRIEVED by the common order of the learned single Judges, dated 16.04.2001 and 01.03.2001, made in WP Nos.8597, 8587, 8569, 8576 and 8141 of 1994, the appellants preferred the above appeals.

(2.) HEARD learned counsel for the appellants as well as learned Government Advocate for the State and learned counsel for the TNHB.

(3.) FINALLY, it was contended before the learned Judge that inasmuch as the petitioners are poor agriculturists holding smaller extent of lands, the respondents are not justified in acquiring their lands. In support of the said contention, the counsel relied on certain Government Orders. It is not in dispute that the decision was taken by the Government to acquire the lands of the petitioners for the formation of a Housing Scheme by the Tamil Nadu Housing Board. Even otherwise, as rightly observed by the learned Judge, there is no such prohibition either in the Act or in the Rules made thereunder. As rightly pointed out by the learned Judge, the said Government Order, if any, is only for the sake of the officials for implementation of certain schemes and, in the absence of any specific rule, prohibiting such action, the same cannot be enforced. We endorse the conclusion of the learned single judge, thus, we do not find any merit in the appeals. Consequently, all the Appeals fail and they are dismissed. No costs. Connected Miscellaneous Petitions are closed. Learned counsel appearing for the appellants seeks permission of this Court for making representation to the Government and also a direction to the Government for passing appropriate orders, giving some relief to them. The petitioners/appellants are permitted to make representation to the Government within a period of four weeks from the date of receipt of copy of this order. It is made clear that if any such representation is made and the request being permissible, the Government is free to decide and dispose of the same according to law within a period of twelve weeks thereafter.