Tamil Nadu - Chennai

Court sets aside acquisition of lands for Christian Adi Dravidars

CHENNAI: The Madras High Court on Tuesday set aside the acquisition of lands at Thamanur in Gingee taluk for Christian Adi Dravidars of the village under the Tamil Nadu Acquisition of Land for the Harijan Welfare Schemes Act.

This will not preclude the authorities from resorting to acquisition under the Central Act 1 of 1894 for providing house sites to 37 beneficiaries by taking appropriate steps for issuing a proper notification and acquiring the lands, the court said.

The respondents, if they so desired, should take steps to issue the notification within 12 weeks. Till such time, status quo regarding possession of land would continue, Justice K.Chandru said while disposing of a writ petition.

M.Gopal Gounder (since deceased) and his two legal heirs challenged a notification issued in January 1999 under the State legislation. They contended that under the State legislation, lands could be acquired only for Harijan Welfare Schemes. The term ‘Harijan Welfare Scheme’ and the term ‘Harijan’ were defined in the State legislation. As Christian Adi Dravidars were not covered by the Presidential notification issued under Article 341 of the Constitution, the acquisition made by the authorities was per se illegal.

Mr.Justice Chandru said that no doubt section 4 (2) notice issued to the petitioner did not mention the purpose as one of providing house sites to Christian Adi Dravidars. But, in the final notification, the purpose had been mentioned. The petitioner’s stand that the acquisition was made for Christian Adi Dravidars was unassailable and for that purpose the provisions of the State Act ought not to have been invoked. The Tamil Nadu Act was intended to acquire lands only for Harijan Welfare Schemes and the definition of Harijan was as listed in the Presidential notification. Christian Adi Dravidars stood excluded from the list of castes contained in the Presidential notification.

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