Madras High Court
C.Dhanarasu vs The Boodhan Inspector on 17 June, 2008
Author: P.Jyothimani
Bench: P.Jyothimani
BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATED: 17/06/2008 CORAM THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.(MD)No.3511 of 2005 and W.P.M.P.(MD)No.3679 of 2005 C.Dhanarasu .... Petitioner Vs. 1.The Boodhan Inspector, District Collector Office, Dindigul. 2.The Director cum Special Officer, Tamil Nadu Boodhan Board, 4th Floor, Panakal Building, Saidapet, Chennai. 3.The Personal Assistant cum Panchayat Development, District Collector Office, Dindigul District. 4.The District Collector, Dindigul District. 5.The Tashildar, Taluk Offfice, Dindigul. .... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents not to evict the petitioner from the subject land under Survey Number 300/6 measuring Survey Number 0.56.5, unless the conditions stipulated by the Tamil Nadu Boomidhan Act for holding the lands are violated and further direct the 1st and 2nd respondents to issue the petitioner a new deed in his favour, acknowledging the lawful possession over the Boomidhan property for past decades as a grantee. !For Petitioner ... Mr.K.Ramamoorthy ^For Respondents... Mr.D.Sasikumar Government Advocate :ORDER
The writ petitioner who is the landless poor agriculturist was granted agricultural lands by Boodhan Yagna Movement scheme with certain stipulated conditions. According to the petitioner, he has not violated any of the conditions at all. The said grant itself was passed as per the movement initiated by Shri Acharaya Vinobha Bhave to the landless poor agriculturists.
2. The apprehension of the petitioner is that due to political influence some of the unauthorized persons have been instigating the respondents 3 to 5, who have threatened the petitioner to be evicted from the place. Even assuming that the petitioner has not complied with any of the conditions based on which the lands were conferred on him,the authorities can only take any action after giving sufficient opportunity to the petitioner and the petitioner cannot be evicted except under due process of law.
3.In view of the same, the writ petition is ordered with a direction to the respondents not to evict the petitioner from S.No.300/6 in Seelampadi Village except by due process of law and by confirming to the principle of natural justice. As stated by the second respondent in the counter affidavit even assuming that as per the Tamil Nadu Bhoodan Yagna Act 1958, it is for the respondents to take action in accordance with law and not by threatening and unlawfully evicting the petitioner. No costs. Consequently, W.P.M.P.(MD)No.3679 of 2005 is closed.
er/sms To
1.The Boodhan Inspector, District Collector Office, Dindigul.
2.The Director cum Special Officer, Tamil Nadu Boodhan Board, 4th Floor, Panakal Building, Saidapet, Chennai.
3.The Personal Assistant cum Panchayat Development, District Collector Office, Dindigul District.
4.The District Collector, Dindigul District.
5.The Tashildar, Taluk Offfice, Dindigul.