Madras High Court
Mrs.K.Sivagami vs The District Collector on 9 September, 2016
Author: B.Rajendran
Bench: B.Rajendran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.09.2016
CORAM
THE HONOURABLE MR. JUSTICE B.RAJENDRAN
W.P. No.17305 of 2016
Mrs.K.Sivagami .. Petitioner
Vs.
1. The District Collector,
Villupuram District,
Villupuram 605 602.
2. The District Adhi Dravidar Welfare Officer,
Villupuram District,
Villupuram 605 602.
3. The Special Tahsildar,
Adhi Dravidar Welfar Office,
Tindivanam 604 001. .. Respondents
PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 20.10.2014 in accordance with law within the time that may be fixed by this Court.
For Petitioner : Ms.M.Kalyani
For Respondent : Mr.A.N.Tahmbidurai
Spl. Government Pleader
O R D E R
This Writ Petition has been filed to direct the respondents to consider the petitioner's representation dated 20.10.2014 in accordance with law within the time that may be fixed by this Court.
2. The petitioner belong to scheduled tribe irular caste and he has been residing at Kulathukarai,. Pulichampallam village for decades and he has been issued community certificate. Since patta has not been issued to them, they are not able to obtain assistance from the Central and State Government for construction of houses. The second respondent acquired the lands comprised in survey No.244/1 measuring Acre 1.85 cents in Tindivanam-Puducherry National Highways in the year 1993-94 under the Land Acquisition for the purpose of constructing house for the Adhi Dravidars and Schedule Tribes people. The concerned land owner objected for the action of the Land Acquisition and filed W.P.No.2844 of 1995 and the orders have been passed in favour of the Government in the said Writ Petition. Even after the said Order, the land has not been measured and pattas were not issued to the beneficiaries so far. Therefore, the petitioner sent a representation to the respondents on 20.10.2014. But till date no action has been taken by the respondents on the said representation and hence, the present Writ Petition has been filed.
3. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.
4. The learned counsel for the petitioner submitted that even after the Tahsildar has sent a letter to the District Collector for the approval of issue of patta as early as on 03.11.2014, the patta has not been issued to the beneficiaries till date.
5. In view of the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the respondents, to dispose of the representation of the petitioner dated 28.10.2014 and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible and the Writ Petition is disposed of accordingly. No costs.
09.09.2016 Index : Yes / No Internet : Yes vrc To
1. The District Collector, Villupuram District, Villupuram 605 602.
2. The District Adhi Dravidar Welfare Officer, Villupuram District, Villupuram 605 602.
3. The Special Tahsildar, Adhi Dravidar Welfar Office, Tindivanam 604 001.
B.RAJENDRAN, J.
vrc W.P. No.17305 of 2016 09.09.2016