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The petitioner association filed this writ petition seeking for a Mandamus directing the respondents 1 to 6 to take appropriate action for survey, demarcation and laying out of the house sites for 56 allottees in T.S.No.2/9 in Vilpatty Village, Kodaikanal Town and direct appropriate action against the respondents 7 and 8 and also to direct the fifth respondent to consider the applications of the 56 allottees for the purpose of building plan approval.

2. The case of the petitioner is that the petitioner sangam is the registered society under the Tamil Nadu Societies Registration Act. The office of the sangam is to safeguard the rights and interest of its members and their families who belong to 'Maruthuvar Caste', which is classified as Most Backward Class. The members of the petitioner sangam were suffering without proper shelter and after their persistent efforts with the Government, a proposal was made for converting the Government poramboke lands in T.S.No.2/9 of Vilpatty, Kodaikanal Town, measuring an extent of 0.80.00 Hectares into house sites and consequently for allotment of the same to 56 members of the petitioner sangam. Accordingly, allotments were made and house site pattas were also issued to the said 56 beneficiaries on 28.06.1999.

4. The matter was taken up for final disposal on 05.11.2012 and the learned counsel for the petitioner submitted that even now, the respondents 7 and 8 have encroached upon the land allotted to the members of the petitioner sangam which prevented the petitioner from putting up their respective house sites in the plots allotted to them.

5. On the other hand, the learned counsel for the respondents 7 and 8 disputed the said allegations made by the petitioner, which necessitated this Court to direct the Revenue Divisional Officer to make a local inspection and file a report with regard to the present factual position. The Revenue Divisional Officer, Kodaikanal, after inspecting the site on 21.11.2012 along with the Tashildar and his subordinates found that there are no encroachment by means of cultivation and other huts in the property in dispute. It is also stated by the Revenue Divisional Officer in the said report that out of 7.15.50 Hectares, 0.81.0 Hectares at Town Survey No.2/1 Ward C, Block 1 of Vilpatti Town was classified as Natham for issuing house sites patta for 56 beneficiaries (Kodaikanal Maruthuvar Savarathozhilar Sangam) and necessary permanent changes have been made in the Village Records and the name of the 56 beneficiaries were also registered in the Village Records.

7. The relevant portion of the report of the Revenue Divisional Officer is extracted hereunder:-

" It is submitted that Kodaikanal Taluk, Vilpatti Town Survey No. Ward C, Block 1 Town Survey No.2/1 was classified as Assessed Waste dry, which extent was 7.15.50 Hectares. Out of this 7.15.50 Hectares, 0.81,0 Hectares was classified as Natham, by the then District Revenue Officer, Dindigul through his proceedings Roc.No.36693/D3 dated 10.06.1999, to issue House Site Pattas for 56 beneficiaries (Kodaikanal Maruthuvar Savarthozhilalar Sangam (Reg.No.79/87)). The necessary permanent changes have been made in the Revenue Village Records and the name of the 56 beneficiaries also registered in the village Records. As per the order of this Hon'ble High Court of Chennai, Madurai Bench dated 05.11.2012, I have inspected the suit property along with the Tahsildar and his subordinates, on 21.11.2012 and found that eight tin sheet sheds, one but were erected. Apart from this one damaged house built by mud mortar and stone were also found. The middle portion of this Land is Rocky places were found. During the time of inspection, unoccupied sheds, huts and house were found. No other encroachments by means of cultivation or other huts were found in the suit property."