K.Mallika v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2016

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.9102 of 2014 K.Mallika ..

Petitioner Vs.

1. The State of Tamil Nadu, rep., by its Secretary, Adi Dravida Welfare Department, Fort St. George, Chennai-600 009.

2. The District Collector, Vellore District, Vellore.

3. The Special Tahsildar, Adi Dravida Welfare, Gudiyattam.

..

Respondents Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to put the petitioner in possession of the punja land comprised in S.No.366/2B situated in Katpadi Village, Vellore District by disposing of the representations dated 27.04.2005, 03.01.2005 and 18.11.2008 by the 1st and 3rd respondents on merits and in accordance with law. For Petitioner ..

Mr.K.Govindan For Respondents ..

Mrs.P.Rajalakshmi, Government Advocate

ORDER

An extent of 0.49 cents in survey No.366/2B situated in Katpadi village was belonged to the mother of the petitioner. Thereafter, she said to have executed a registered settlement in favour of the petitioner on 07.02.1990 as document No.296/1990. The said property was acquired by the respondents for the purpose of construction of the houses to the Adi Dravidars as seen from the Government Orders in G.O.Ms.No.497 Social Welfare Department, dated 07.02.1984 and G.O.Ms.No.642 dated 28.02.1985.

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2.

The petitioner made a representation on 18.11.2008 seeking re-conveyance of the said land on the ground that the purpose for which they have been acquired is no longer in existence. The land has not put into any use and similarly placed person has approached this Court challenging the acquisition proceeding in W.P.No.4941 of 1985, which was allowed by an order dated 23.09.1994.

3.

The learned counsel appearing for the petitioner submitted that the pending representation may be directed to consider by the first respondent.

4.

Considering the facts and circumstances of the case, the petitioner is directed to send a copy of the representation dated 18.11.2008 to the first respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation, the first respondent shall pass appropriate orders within a further period of eight weeks. It is made clear that this Court has not expressed anything on merits.

5.The writ petition stands disposed of accordingly. No costs.

raa s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To

1. The Secretary, State of Tamil Nadu, Adi Dravida Welfare Department, Fort St. George, Chennai-600 009.

2. The District Collector, Vellore District, Vellore.

3. The Special Tahsildar, Adi Dravida Welfare, Gudiyattam.

+ 1 cc to Govt.Pleader SR 4478 + 1 cc to Mr.K.Govindan, Advocate SR 4442 sv(co) prk4/2 W.P.No.9102 of 2014 https://hcservices.ecourts.gov.in/hcservices/