Madras High Court
G.Kudiarasu vs The Principal Secretary To Government on 19 July, 2016
Author: R.Mahadevan
Bench: Sanjay Kishan Kaul, R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 19.07.2016 Coram: The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.2494 of 2013 G.Kudiarasu ... Petitioner Versus 1. The Principal Secretary to Government Adi Dravidar and Tribal Welfare Department, Government of Tamilnadu, Secretariat, St.Fort George, Chennai 600 009. 2.The District Collector, Vellore District. 3.The District Adi-Dravidar Welfare Officer, Vellore. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents to demarcate the plots assigned to pattadars and to put up stones on the boundary line, lay roads and provide other infrastructural facilities for construction of houses by the persons who have obtained patta at Balakrishnapuram Village comprised in S.No.49, 35/3B etc., Arokonam Taluk, Vellore District. For Petitioner ::: Mr.S.Udayakumar For Respondents ::: Mr.S.T.S.Murthi Government Pleader assisted by V.R.Kamalanathan AGP for R.1 to R.3 O R D E R
(The Order of the Court was made by The Hon'ble The Chief Justice) The non-allotment of sites in pursuance to pattas by demarcating of the plot in S.No.49, 35/3B etc., Arokonam Taluk, Vellore District, has given rise to the writ petition.
Learned counsel for the petitioner has drawn our attention to the letter dated 06.05.2010 of the Principal Secretary, which reads as under:
''D.No. Letter No.16592/LA-1/2009-6, dated 06.05.2010 Dear Thiru. Rajendran, Sub: Adi Dravidra Welfare Vellore District,Arakkonam Taluk Balakrishnapuram Village Issuance of House site pattas to beneficiaries Possession of House site not given --- Immediate action Regarding.
Ref: 1. My D.O. Letter No.16592/LA1/2009-1, dated 28.8.2009 and last reminder dated 3.3.2010.
2.Thiru G.Kudiarasu, Vellore District Congress Vice President, Krishnapettai, Arakkonam, Vellore District Petition dated 3.5.2010.
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I Invite your attention to the representation of Thiru. G.Kudiyarasu of Krishnampettai, Arakonam Taluk dated 3.5.2010 (Copy enclosed). My office has been referring this matter to your office since August, 2009. But no action has been taken at your end to handover the house sites to 85 beneficiaries to whom the pattas have already been given during 2008. You are requested to depute to District Revenue Officer and the District Adi Dravidar Welfare Officer to visit the site and take necessary action to handover the possession of the house sites to real beneficiaries, who are now representing to the Government time and again. Kindly take up this matter at your level an redress the grievances of these Adi Dravidar beneficiaries immediately.
Yours Sincerely, Sd/-
2. It is submitted that despite this, nothing had happened.
3. No counter affidavit has been filed, despite lapse of three years' period of time.
4. Learned Government Pleader states that the process of demarcation and allotment of pattas will be completed within one month.
5. We also call upon the Principal Secretary himself or through his nominee to cause an enquiry to be made as to the cause for the delay in handing over possession of the site after issuance of pattas and the report be filed in the court at least three days prior to the next date of hearing with advance copy to the learned counsel for the petitioner.
6. The writ petition accordingly stands disposed of, leaving the parties to bear their own costs. Consequently, connected miscellaneous petition is closed.
List for compliance on 02.09.2016.
(S.K.K.,CJ.) (R.M.D.,J.)
ksr 19.07.2016
Tambaram, Kancheepuram District.
To
1. The Principal Secretary to Government
Adi Dravidar and Tribal Welfare Department,
Government of Tamilnadu,
Secretariat, St.Fort George, Chennai 600 009.
2.The District Collector, Vellore District.
3.The District Adi-Dravidar Welfare Officer, Vellore.
The Hon'ble The Chief Justice
and
R.Mahadevan, J
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ksr
W.P.No.2494 of 2013
19.07.2016