BALAKRISHNAN, SON OF KESAVAN Vs. STATE GOVERNMENT OF TAMIL NADU, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition, purported to be in public interest, has been filed by a former Panchayat President of U.Adhanur Village, Sathappadi Post, Virudhachallam Taluk, Cuddalore District, who claims to represent the land owners of U.Adhanur Village, whose lands have been acquired under the Tamil Nadu Acquisition of Lands for Industrial Purposes Act (Act 10/1999) for the benefit of Neyveli Lignite Corporation, the fifth respondent in the instant writ petition.

(2.) In this writ petition, the petitioner has, inter alia, challenged urgent memo, being Na.Ka.No.A.3/A/No.1015/2004, dated 19.04.2017 issued by the third respondent to the Village Administrative Officer, directing him to inform all villagers by using tom tom that on 29.4.2017 eviction drive would commence at about 9 A.M. for the lands and buildings comprised in R.S.Nos.43, 44, 45, 46, 47 and 64 in Division Nos.2, 3 and 6 at U.Adhanur Village, Vridhachalam Taluk, and also to be present during the eviction drive with all land revenue records pertaining to the village. From the impugned memo, it appears that the Collector had fixed the dates 20.3.2017 and 5.4.2017 for surrender of the aforesaid lands and buildings, but that had not been done.

(3.) In the writ petition, the petitioner has also sought an order of injunction restraining the respondents from initiating action for evicting the villagers from the aforesaid land, except by following the procedure prescribed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the 2013 Act") in respect of the land belonging to the Schedule Caste communities.