Madras High CourtWP/6907/2025disposed of

M.Kotteswaran v. The District Collector

2025-02-28Honourable Mr Justice M. Sundar,Honourable Mrs Justice K. Govindarajan Thilakavadi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.6907 of 2025 M. Kotteswaran Petitioner vs.

The District Collector Office of the District Collector Thiruvannamalai District The District Revenue Officer Thiruvannamalai - 606 604 The Revenue Divisional Officer Thiruvannamalai - 606 601 The District Officer Department of Adi Dravidar and Tribes Welfare Thiruvannamalai District The Special Tahsildar Adi Dravidar & Tribes Welfare Department Thiruvannamalai District The Tahsildar Thiruvannamalai District - 606 601 Page Nos.1/6

The Village Administrative Officer Savalpoondi Group Thiruvannamalai 606 603 8.

Gopal Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the fifth and sixth respondents to consider the petitioner's representation dated 08.06.2024 and remove the encroachment made by the eighth respondent in Plot No.108 in S.Nos.29/1A and 31/2B, Keezhanakarai Village, Chengam Taluk, Thiruvannamalai District and hand over the possession to the petitioner and include the petitioner's name in the village adangal records in respect of the said plots within a time frame. For petitioner Ms. K. Suhasini For RR 1 - 7 Mr. T.K. Saravanan Additional Government Pleader

ORDER

[made by M.SUNDAR, J.] Subject matter of captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) is lands comprised in S.No.29/1A and 31/2B in Keezhanakarai Village, Chengam Taluk, Thiruvannamalai District (hereinafter 'said lands' for the sake convenience and clarity). Page Nos.2/6

Ms. K. Suhasini, learned counsel on record for writ petitioner, who is before us on Video Conferencing platform (to be noted, this is a hybrid hearing which is a regular/routine/daily feature in this Court), submits that pattas qua said lands have been granted to landless people from Irular community. One such patta for Plot No.108 was granted to writ petitioner, is learned counsel's say. Learned counsel for writ petitioner goes on to submit that free housesite allotted to writ petitioner in said lands has been encroached upon by R8 (private respondent), writ petitioner has sent a representation dated 08.06.2024 in this regard but the same is in vain. This has necessitated the filing of captioned WP is learned counsel's further say. Issue notice to official respondents (RR 1 - 7). Mr. T.K.

Saravanan, learned Additional Government Pleader, accepts notice for official respondents (RR 1 to 7) and submits that action has been kickstarted pursuant to writ petitioner's representation dated 08.06.2024, two enquiries have already been held by R3 (Revenue Divisional Officer, Thiruvannamalai), R8 will be summoned, an opportunity will be given to R8 and thereafter, Page Nos.

proceedings will be concluded on its own merits and in accordance with law as expeditiously as the business of R3 would permit but in any event within a period of 12 weeks from today i.e., 23.05.2025. We make it clear that all the rights and contentions of R8 will stand preserved (untrammelled by this order) when summoned/show caused. This also means that there is no impediment in the captioned WP being taken up for final disposal in the Admission Board. We do so.

In the facts and circumstances of the case, we are of the view that it will serve the purpose qua the writ petitioner if the stated position of the learned State counsel is recorded. We do so. Captioned WP is disposed of in the aforesaid manner recording the stated position of the learned State counsel. There shall be no order as to costs.

(M.S., J.) (K.G.T., J.) 28.02.2025 cad Index :

Yes/No NC :

Yes/No Page Nos.4/6

To:

M.SUNDAR, J.

and K. GOVINDARAJAN THILAKAVADI, J.

cad 28.02.2025 Page Nos.6/6