D.Bakiyam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 2191 of 2025 & W.M.P. No. 2539 of 2025 1.D.Bakiyam 2.S.Chinna Vellaiyan 3.Palanisamy 4.R.Raman 5.V.Paramasivam 6.K.Rathinavalli 7.R.Leelavathi 8.V.Vimala 9.K.Rajamanickam 10.V.Muthumani 1/9

11.C.Sivalingam 12.S.Vellaiammal 13.V.Manickam 14.V.Thangamani 15.C.Palanisamy 16.A.Kuppan 17.K.Lakshmi 18.A.Saraswathi 19.A.Eswaran 20.T.Saradha 21.A.Kuppayee 22.G.Selvi 23.S.Vasanthi 24.S.Meena 25.A.Veelachi 26.Malliga 27.C.Selvam

...Petitioners

Vs.

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1.The District Collector Salem, Salem District.

2.The Revenue Divisional Officer Salem, Salem District.

3.The Special Tahsildar (Adi Dravidar Welfare) Salem, Salem District.

4.The Director Schedule Tribe Welfare Department, Chepauk, Chennai- 05.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the 3rd respondent to submit a proposal / report to the 2nd respondent and further direct the 2nd respondent to grant a patta to the petitioners in respect of land in survey no. 90 /1, 2 56 /5 at Senkadu, Thalaisolai Village, Yercaud Taluk, Salem District, by considering the petitioners' representation dated 21.08.2018, 05.04.2022, 29.09.2023 and 12.11.2024.

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For Petitioners :

Mr. M.Elango For Respondents :

Mr. M.R.Gokul Krishnan Additional Government Pleader

O R D E R

The Writ Petition has been filed for the following relief: "To direct the 3rd respondent to submit a proposal / report to the 2nd respondent and further direct the 2nd respondent to grant a patta to the petitioners in respect of land in survey no. 90 /1, 2 56 /5 at Senkadu, Thalaisolai Village, Yercaud Taluk, Salem District, by considering the petitioners' representation dated 21.08.2018, 05.04.2022, 29.09.2023 and 12.11.2024."

2. The petitioners belong to the Scheduled Tribe Community and are residing in the land in S.No.56/5, 90/1, 2 at Sengadu, Kalaisolai Village, Yercaud Taluk, Salem District. The petitioners' forefathers 4/9

had come into possession of the property 5 decades ago. In the year 2006, the Central Government enacted the Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right) Act, 2006. Under the said Act, the petitioned have preferred an accrued right for holding the Agricultural Land Patta.

3. Accordingly, the petitioners made an application before the respondents seeking to issue patta. Thereafter, a committee was constituted under the said Act, by way of Gramhasabha. After verification of the petitioners' applications, the said committee on 25.03.2017 made a spot inspection and found that the petitioners are eligible for patta.

4. Thereafter, the 3rd respondent on 12.06.2017 made a recommendation to the 2nd respondent to grant patta. The 3rd respondent again on 20.06.2023 had written a letter to the 1st and 2nd respondents directing to take appropriate action. Further, on 23.11.2022, the 2nd respondent written a similar letter to the 3rd 5/9

respondent to forward a proposal to his office for granting patta to the petitioners.

5. On 20.12.2022, a committee was convened by the 2nd respondent and a resolution was passed to the effect that the proposal for granting patta should be submitted by the 3rd respondent within a week. However, the 3rd respondent did not submit a report and proposal to the 2nd respondent. Therefore, on 21.08.2018, 05.04.2022, 29.09.2023, the petitioners' Association made a representations to the respondents seeking to provide a patta. Since there is no response, the petitioners are before this Court.

6. Heard the learned counsels on the either side and perused the records.

7. Considering the above facts and circumstances, a mandamus is issued to the 3rd respondent to submit a proposal / report to the 2nd respondent and thereafter, the 2nd respondent shall grant a patta to the 6/9

petitioners, by considering the petitioners' representations dated 21.08.2018, 05.04.2022, 29.09.2023 and 12.11.2024, within a period of 3 weeks from the date of receipt of a copy of this order.

8. With the above directions, this Writ Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

27.01.2025 Index : Yes/No Internet : Yes/No kan 7/9

To 1.The District Collector Salem, Salem District.

2.The Revenue Divisional Officer Salem, Salem District.

3.The Special Tahsildar (Adi Dravidar Welfare) Salem, Salem District.

4.The Director Schedule Tribe Welfare Department, Chepauk, Chennai- 05.

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P.T. ASHA, J, kan W.P.No. 2191 of 2025 27.01.2025 9/9