WP/39188/2024 of ANNE CHRISTOPHER Vs THE DISTRICT COLLECTOR
WP No. 39188 of 2024
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-04-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY
WP No. 39188 of 2024
and
WMP.No. 42440 & 42443 of 2024
Anne Christopher
D/o.Dhanaraj, No.30, 2nd Street, Tatabad,
Sivanandha Colony, Coimbatore District.
..Petitioner(s)
Vs
1. The District Collector,
Coimbatore, Coimbatore District.
2. The Special Tahsildar
Adi Dravidar Welfare, Coimbatore.
3. The Thasildar,
Perur Taluk, Coimbatore District.
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking
issuance of writ of certiorarified mandamus, to call for the rec ords relating to
the Notification under Section 4 (2) of the Tamil Nadu acquisition of Land for
Adi-Dravidar Welfare Schemes Act 1978 issued by the 2 nd respondent dated
19.11.2024 in Na. Ka. No. 420/ 24/ A1 to an extent of 6.64 acres (2.69 Hectors)
situated in S.No. 585/1, 584/1B in Thondamuthur Village, Coimbatore Distr ict
and quash the same and forbearing the 2nd respondent for any manner
interfering with the petitioner property to an extent of 6.64 acr es (2.69 Hectors)
situated in S.N.o.585/1, 584/1B in Thondamuthur Village, Coimbatore Distric t
in accordance with the proceedings of the 1st respondent dated 08.01.2021.
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For Petitioner(s): Mr.Muthuchhran Sundresh
For Respondent(s): Mr.T.K.Saravanan
Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the Section 4(2) not ification
dated 19.11.2024 issued by the 2 nd respondent in respect of the petitioner’s land
to an extent of 6.64 acres situated in S.No.585/1, 584/1B in Thondamuthur
Village, Coimbatore District for the purpose of Adi Dravidar Welfa re under
Section 4(2) of the Tamil Nadu Acquisition of Land for Adi-Dravidar Welfare
Schemes Act, 1978.
2. The learned counsel appearing for the petitioner would submit that t he
petitioner’s land was subject to the acquisition for the purpose of Adi-Dravidar
Welfare Scheme, 1978 for which, 4(1) notification was issued on 10.10.2000.
He would submit that the petitioner purchased the subject land on 02.03.2000
and 09.03.2000 and immediately after purchase of the subject land, the
acquisition proceeding was initiated and the same was challenged be fore this
Court and this Court, by virtue of the order dated 09.02.2010 made in
W.P.No.18295 of 2000, quashed the acquisition proceedings and remanded the
matter back for re-consideration to pass orders after giving opportuni ty to the
petitioner. Accordingly, enquiry was conducted, the 1 st respondent / Collector
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vide report dated 08.01.2021 communicated the Commissioner, Adi-Dravidar
Welfare to return back the land to the petitioner stating that the said land is not
required for the purpose of Adi-Dravidar Welfare scheme as there a re already
about 86 plots are encroached and 20 excess plots are also available for the said
scheme. Subsequently, another report was also filed by the Collector on
24.07.2023 reiterating the said aspect once again. The learned counsel for the
petitioner would submit that under these circumstances, the impugned notice
was issued on 19.11.2024 without assigning any reasons by the 2 nd respondent.
He would further submit that in terms of provisions of Section 4, only the
District Collector has to specify about the requirement of the land and thereafter
only either the District Collector, directly or through his authoriz ed Officers can
initiate the acquisition proceedings.
3. In the present case, on 08.01.2021 and 24.07.2023, the District
Collector arrived at a categorical conclusion that no more land i s required, since
already about 86 plots are encroached and the same is required to be removed
and apart from that 20 vacant lands are also available, all put t ogether 106 plots
are available for the purpose of acquisition for the Adi-Dravidar Welfare
scheme. Without taking into consideration of the Collector’s reports, the
impugned notice was issued by the 2 nd respondent directly countering to the
provisions of Section 4 of the Tamil Nadu Acquisition of Land for Hari jan
Welfare Scheme Act, 1978. Therefore, he would submit that when the land is
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not at all required for the purpose of Harijan Welfare since in the initial
acquisition dated 30.03.1996, about 106 plots are available still for the landle ss
poor. After taking into consideration all these aspects, the 1st respondent
Collector arrived at a conclusion and forwarded a report to the C ommissioner
Adi-Dravidar Welfare. Without taking into consideration of these reports and in
violation of the provisions of Section 4, the Commissioner, Adi-Dravidar
Welfare directed the 2 nd respondent to acquire the subject land. Therefore, the
present writ petition is filed.
4. Per contra, the learned Additional Government Pleader appearing f or
the respondents would submit that based on the letter given by the Dir ector,
Adi-Dravidar Welfare to the District Collector dated 24.01.2024, the pr esent
acquisition was made.
5. In reply, the learned counsel appearing for the petitioner would subm it
that the Collector had categorically stated in his two reports dated 08.01.2021
and 24.07.2023 that the subject land is not at all required for the purpose of the
said welfare scheme but, without considering the said aspect and a lso when the
excess land was very much available, contrary to the object of the provision
under the Act, the impugned notification was made therefore, the sam e is liable
to be quashed.
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6. Heard the learned counsel appearing for the petitioner as well as the
learned Additional Government Pleader appearing for the respondents and
perused the material available on record.
7. The petitioner purchased the subject properties by virtue of the sal e
deeds dated 02.03.2000 and 09.03.2000 thereafter, the respondent initiated
acquisition proceedings and 4(1) notice was issued on 10.10.2000. The said
notice was challenged before this Court and this Court vide its order dated
09.02.2010, quashed the same and remanded the matter back for the purpose of
re-consideration. Subsequently, after the enquiry, the proceedings were
dropped and Collector also filed reports on 08.01.2021 and 24.07.2023. On two
occasions, the 1 st respondent / Collector categorically stated that there are 86
plots are encroached, that apart, 20 vacant plots are also availabl e and yet to be
allotted i.e., totally 106 plots are available for the purpose of Ha rijan Welfare
scheme and thus no need for any fresh acquisition of land.
8. However, without taking into consideration of the Collector’s report ,
the Commissioner, Adi-Dravidar Welfare issued notification for acquisition.
Unless otherwise the Commissioner filed a report with regard to the extent
necessity for the acquisition in terms of Section 4 of the Act, c ertainly, the
Commissioner, Adi-Dravidar Welfare has no authority to issue direction to
acquire the land for welfare scheme, when the subject land is not required for
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the purpose of allotment and the excess lands are available. Under t he guise of
the welfare, completely ignoring the Collector’s report and passing the order
directing to acquire the land to an extent of 6.64 acres of agric ultural land is not
sustainable.
9. It would be apposite to extract Section 4 of the Tamil Nadu Acquisition
of Land for Adi-Dravidar Welfare Schemes Act, 1978.
“4. Power to acquire land.
(1) Where the District Collector is satisfied that for
the purpose of any Harijan Welfare Scheme, it is necessary
to acquire any land, he may acquire the land by publishing
in the District Gazette a notice to the effect that he has
decided to acquire the land in pursuance of this section.
(2) Before publishing a notice under sub-section (1),
the District Collector or any officer authorised by the
District Collector in this behalf, shall call upon the owner
or any other person, who, in the opinion of the District
Collector or the officer so authorised may be interested in
such land, to show cause why it should not be acquired.
(3) (a) The District Collector may, where he has
himself called upon the owner or other person to show
cause under sub-section (2), pass such orders as he may
deem fit on the cause so shown;
(b) Where any officer authorised by the District
Collector has called upon the owner or other person to
show cause under sub-section (2), the officer so authorised
shall make a report to the District Collector containing his
recommendations on the cause so shown for the decision of
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the District Collector. After considering such report the
District Collector may pass such orders as he may deem
fit.”
From the above reading, it is clear that before initiation of acqui sition of
land, the acquiring Authority / the District Collector is supposed t o satisfy the
requirement prescribed under Section 4 of the Tamil Nadu Acquisition of Land
for Adi-Dravidar Welfare Schemes Act, 1978. However, in the prese nt case, the
Collector has categorically held it in the reports dated 08.01.2021 and
24.07.2023 that no more land is required for the purpose of allotment of plots
for the said welfare scheme since excess plots are already avail able. Instead of
inspecting and adhering to the aforesaid two reports, the 2 nd respondent has
initiated the proceeding for the acquisition of land.
10.Therefore, this Court is of the considered view that the present
acquisition is directly hit by the provision of Section 4 of the said Act and the
same is liable to be quashed for non-compliance of the requirement of Section 4
of the Act. Accordingly, the acquisition proceedings initiated by the 2nd
respondent vide its order dated 19.11.2024 is quashed. It is made clear that as
long as the subject land is not required for the purpose of allotment to the
welfare scheme and excess plots are available, certainly, eit her the respondents
or the Commissioner, Adi-Dravidar Welfare has no authority to issue dir ections
to acquire the subject land.
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10. In fine, this Writ Petition is allowed, quashing the impugned orde r
dated 19.11.2024. No costs. Consequently, connected miscellaneous petitions
are closed.
27-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
KKN
To
1. The District Collector,
Coimbatore, Coimbatore District.
2. The Special Tahsildar
Adi Dravidar Welfare, Coimbatore.
3. The Thasildar,
Perur Taluk, Coimbatore District.
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KRISHNAN RAMASAMY, J.
KKN
WP No. 39188 of 2024
27-04-2026
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