Venkadesan Nagar Drivers v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :28.08.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.18296 of 2011 M.P.Nos. 1 & 2 of 2011 Venkadesan Nagar Driver's Colony Welfare Association, Pattabiram, Rep by its President Mr.V.S.Syed Meer, Plot No. 235, 3rd street, Vengadesan Nagar, Pattabiram, Chennai - 600 072.
...Petitioner
Vs.
1. The Secretary, Government of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.
2. The District Collector, Thiruvallur District, Thiruvallur.
3. The Commissioner of Police, Suburban Police, St.Thomas Mount, Chennai
4. T.Nagaraj, S/o. Thangaraj, General Secretary, Tamil Nadu Government, Department Drivers Central Association, No. 4/20, Meyar V.R.Ramanathan Salai, Chetpet, Chennai - 31.
...Respondents
Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct respondents 1 to 3 to consider the representation made by the petitioner association dated 20.07.2011 consequently direct them to take appropriate action against the 4th Respondent. For Petitioner : Mr.N.Valliammal For Respondents : Mrs.K.Bhuvaneswari, AGP for R1 to R3.
M/s.K.Ananthakrishnan for R4.
O R D E R
The petitioner has filed this Writ Petition, to issue a writ of Mandamus, to direct respondents 1 to 3 consider the representation made by the petitioner association dated 20.07.2011 and for consequential direction, directing them to take appropriate action against the 4th Respondent.
2. The learned counsel appearing for the petitioner would submit that the Government of Tamil Nadu Revenue Department has issued G.O.Ms.No.634 dated 04.05.1989 to allocate land for house sites to be assigned to the Tamil Nadu Government serving Drivers. As per the said G.O., lands were allotted measuring about 17.89 Acres in survey No.157/2 at Sekkadu Village Thiruvallur District. Originally the said land belongs to Education Department of the Government of Tamil Nadu. Then the same was transferred to Revenue Department with the consent of Education Department enabling the Revenue Department to allot housing plots to the departmental Drivers. Subsequent to this, the Government of Tamil Nadu Revenue Department has issued another G.O.Ms.No.300 dated to distribute the lands to the departmental drivers. The District Collector of then Chennai District has to identify the assignees of the land from the applications submitted by the said Association.
3. The learned counsel appearing for the 4th respondent would submit that the writ petition is not maintainable as the same was filed by the Venkateswara Nagar Drivers Colony Residents Welfare Association, without impleading the proper party.
4. However, since the writ petition is filed seeking a limited prayer, without going into the merits of the claim, this Court is directed to the 2nd respondent to pass orders on the representation dated 20.07.2011 as expeditiously as possible.
5. Accordingly, the present writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar kmm
To
1. The Secretary, Government of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009.
2. The District Collector, Thiruvallur District, Thiruvallur.
3. The Commissioner of Police, Suburban Police, St.Thomas Mount, Chennai
4. T.Nagaraj, S/o. Thangaraj, General Secretary, Tamil Nadu Government, Department Drivers Central Association, No. 4/20, Meyar V.R.Ramanathan Salai, Chetpet, Chennai - 31.
+1 cc to Mr.S.Dhanraj Advocate sr 75436 +1 cc to the Government Pleader sr74674 +1 cc to Mr.K.V.Anandhakrushnan Advocate sr74173 W.P.No.18296 of 2011 svI(co) aa17/10/2019