Madras High Court
Thangasubramaniam vs The District Collector
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED; 16.04.2013 CORAM; THE HONOURABLE MR.JUSTICE T.RAJA W.P.NO.24293 OF 2005 and WPMP No.26536 of 2005 Thangasubramaniam .. Petitioner Vs 1.The District Collector Cuddalore District Manja Kuppam, Cuddalore 2.The Tahsildar (Adi Dravida) Cuddalore Road Cuddalore District .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari to call for the records on the file of the 1st respondent in proceedings No.W.4/74974/99 and dated 18.12.2000 as published in the District Gazette No.53 and quash the same as illegal, incompetent and without jurisdiction. For petitioner : Mr.V.Raghavachari For respondents : Mr.S.Gomathinayagam Additional Advocate General assisted by Mr.S.V.Duraisolaimalai Additional Govt.Pleader O R D E R
This writ petition was filed by Thangasubramaniam challenging the proceedings No.W.4/74974/99 dated 18.12.2000 as published in the District Gazette No.53 by the first respondent-District Collector, Cuddalore District, to quash the same as illegal, incompetent and without jurisdiction.
2. Mr.V.Raghavachari, learned counsel appearing for the petitioner submitted that the petitioner being owner of the property covered in S.No.56/1, 56/3 and 56/7 having an extent of 75 cents, 35 cents and 48 cents respectively by virtue of a registered sale deed has been in possession and enjoyment of the same from the date of purchase by cultivating paddy and sugarcane crops. When he has been cultivating the land by developing the said property by way of laying bore well for irrigating the entire land at a huge investment, some of the people belonging to Irular community made a representation to the District authority to have a pathway to reach their burial ground. In view of the representation made by the Irular community, the respondent came forward to acquire the petitioner's land. As a result, the Special Tahsildar issued a notice in Form I under section 4(2) of the Land Acquisition Act. The petitioner immediately submitted his objection for taking over his land for using the same as pathway since the respondent decided to acquire the center of the petitioner's agricultural land. Even though the petitioner has suggested to the respondent authorities to take only a margin of his property at any side of the agricultural land, neither objection nor suggestion given by the petitioner was taken care of. Further, they have not even conducted any proper enquiry under section 4 of the Act. Therefore, as a pure agriculturist the petitioner has come to this Court by filing the present writ petition challenging the notification issued by the first respondent.
3. A detailed counter affidavit has been filed by the second respondent. The learned Additional Advocate General appearing for the respondents after some arguments finding that there is a need for pathway to reach the burial ground by the Irular Community people, accepted the suggestion made by V.Raghavachari learned counsel appearing for the petitioner that instead of acquiring a substantial portion of the land belonging to the petitioner, if one portion of the land which has been marked in the map as "ABCDEFGH" is acquired for using the same as a pathway to the burial ground on payment of sufficient compensation, this would neither harm the land of the petitioner nor cause inconvenience to Irular Community.
4. (i) When this suggestion was accepted, this Court indicated the petitioner to file an affidavit to that effect. Accordingly, the petitioner has filed an affidavit dated 15.4.2013. On the basis of the affidavit, the learned counsel for the petitioner submitted before this court that the petitioner is agreeing to part with the part of the land in S.No.47 and 56 at Paravalur Village, Vridhachalam Taluk, Cuddalore District on payment of compensation and only a portion which is marked as "ABCDEFGH" in the map shown along with the affidavit could be used as a pathway to reach the burial ground.
(ii) In view of the affidavit dated 15.4.2013 filed by the petitioner, this Court, by consent of both parties, directs the respondent to use only the portion which is marked as "ABCDEFGH" as pathway to reach the burial ground of Irular Community people. This has to be done by payment of suitable compensation to the petitioner. This exercise shall be done within a period of three months from the date of receipt of a copy of this order. In view of the above, the impugned order stands quashed.
(iii) The learned Additional Advocate General who is present in the Court is also directed to ensure the revenue authorities to take care of the pipe already laid by the petitioner while laying the pathway.
5. Accordingly, W.P.No.24293/2005 is allowed. No costs. Consequently, WPMP No.2636/2005 is closed.
sal To
1.The District Collector Cuddalore District Manja Kuppam, Cuddalore
2.The Tahsildar (Adi Dravida) Cuddalore Road Cuddalore District