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Judgment
S. Jagadeesan, J.—The petitioner''s Seva Sangam filed O.S. No. 946/95 on the file of the District Munsif, Tirupattur seeking for the relief of
issue of pattas to Adi Dravidar who do not possess any house and also to direct the third respondent to plot out the suit schedule property and
allot the same and restrain the fourth defendant from registering any sale deed in respect of the suit property. Having filed the suit in the year 1995
and unable to get any interim relief, now this writ petition has been filed by the President of the petitioner welfare Seva Sangam.
In the writ petition, the prayer is for the issue of writ of mandamus directing the first respondent to consider the representation given by the
petitioners herein and to accept the recommendation of the second respondent, the District Collector, Vellore dated 13.11.1995 for acquiring the
schedule mentioned lands.
It is clear that there is a proposal by the Government to acquire some lands for the allotment of the house sites in respect of the Adi Dravida
people at Ambattur. At this stage, the petitioner-Association has no right to maintain the suit for the relief of the allotment of the site as well as
compelling the registrar not to register any of the documents in respect of those lands. The petitioners do not have any vested right over a particular
land for the acquisition and allotment. The ultimate authority vests with the Government, called as eminent domain to exercise the power.
From the averment made in the plaint as well as in the affidavit filed herein, it is clear that the petitioners are compelling the Government to
acquire a particular piece of land for allotment of the house sites. I am afraid as to whether the relief sought for can be granted.
Since the power to acquire the lands vests with the Government, it is not open to the petitioners to compel the government to accept the
recommendation of the Collector, while considering the proposal of the Collector, it is for the Government to decide the suitability of the land as
well as the demand of the State Exchequer with regard to the particular scheme. When several factors are to be taken into consideration, it is
highly improper for this court to direct the Government to accept the recommendation of the Collector and to proceed with the acquisition,
especially when the petitioner has no right to ask for the same.
If the representations of the petitioners were not considered, it is always open to them to make further representation to the Government who is
the proper authority to take a decision in respect of the acquisition of the lands. Hence the writ petition is not maintainable and accordingly, the
same is dismissed. For the reasons stated above, the Civil suit in O.S. No. 946 of 1995 filed on the file of the District Munsif, Tirupattur is also not
maintainable and that suit is also dismissed. The suit is dismissed by me by exercising the power under Article 227 of the Constitution of India. No
costs.