This writ petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the order dated 07.01.2008 passed by the second respondent in Na.Ka.A917/2007 under Form No.III and quash the same and also for directing the respondents to issue fresh notice to the petitioner as per provisions contemplated under the Tamil Nadu Acquisition of Lands for Harijan Welfare Schemes Act, 1978 [31 of 1978], by way of issuing a writ of certiorarified mandamus.
2.It is averred in the petition that the petitioner is the owner of the survey number mentioned in the impugned order dated 07.01.2008. Further it is averred in the petition that the survey number in question has been acquired for the purpose of allotting the same as house sites to landless Harijans. Even though assignments have been made, the beneficiaries have not utilised the survey number mentioned in the order. Under the said circumstances, the present writ petition has been filed for getting the relief sought therein.
3.The learned counsel appearing for the petitioner has repeatedly contended to the effect that the survey number mentioned in the order dated 07.01.2008 is the absolute property of the petitioner and the same has been acquired for the purpose of converting into house plots so as to give the same to landless Harijans and accordingly various assignments have been granted, but the assignees so far have not utilised the same and therefore the impugned order dated 07.01.2008 passed by the second respondent is liable to be quashed and the petitioner is entitled to take fresh notice.
4.Per contra, the learned Additional Government Pleader appearing for the respondents has also contended to the effect that as per land acquisition proceedings, the survey number in question has been acquired and an Award has been passed and subsequently the same has been converted into various house plots and assigned to various assignees and since the assignees have not used the assigned properties, the petitioner is not entitled to get the relief sought in the writ petition and therefore the same is liable to be dismissed.
5.It is an admitted fact that an Award has been passed on 28.01.2008, wherein compensation has been given to the petitioner. It is also equally an admitted fact that the survey number in question has been acquired for the purpose of converting the same into various house plots and accordingly the same has been done and subsequently allotted to various assignees.
6.The only contention putforth on the side of the petitioner is that since assignees have not utilised their assigned properties, the order dated 07.01.2008 passed by the second respondent is liable to be quashed.
7.It has already been pointed out that acquisition has been made in accordance with law and an Award has also been passed properly and there is no infraction nor flaw in passing the Award. The present writ petition has been filed mainly on the ground that the assignees have not utilised their assigned house plots. Even though the assignees have not utilised their assigned house plots, the same cannot be a reason for quashing the order passed by the second respondent on 07.01.2008. At the most, the second respondent is entitled to cancel patta issued in favour of the assignees as per law. Therefore viewing from any angle, the relief sought in the writ petition cannot be granted. However the following direction can be given to the second respondent.
8.In fine, this writ petition is dismissed without costs. The second respondent is directed to take appropriate proceedings in accordance with law, if there is any default on the part of assignees. Consequently, connected Miscellaneous Petition is dismissed.
To
1.The District Collector, Madurai Collectorate, Madurai.
2.The Special Tahsildar (Land Acquisition), Adi Dravidar Welfare Department, Wing I, Madurai Collectorate, Madurai.
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