Mr.S.Natarajan v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2021

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NOS.21835 OF 2012, 7687 OF 2013, 36249 OF 2016, 3650 OF 2017 AND M.P.NOS.1 OF 2012, 1 OF 2013 S.Natarajan ... Petitioner in W.P.No.21835 of 2012 1.K.Jayalakshmi 2.Jayanthi 3.Arumbu 4.T.Jayamani 5.N.Sudha 6.K.Nagalakshmi 7.A.Selvi 8.S.Komathi ... Petitioners in W.P.No.7687 of 2013 V.Palanivel ... Petitioner in W.P.No.36249 of 2016 T.Vimala ... Petitioner in W.P.No.3650 of 2017 Vs.

1.State of Tamil Nadu Rep. By Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariate, Fort. St. George, Chennai- 600 009.

2.The District Collector,

3. The District Adi Dravidar and Tribal Welfare Officer, Thiruvarur District,

4. The Special Tashildar, Adi Dravidar Welfare, Mannargudi,

5. The Tashildar, Taluk Officer, Needamangalam, ... Respondents in all WP's PRAYER in W.P.No.21835 of 2012:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondents to assign free house site to an extent of 3 cents in Survey No.88, 87/2B2 and 105 of Sekarai Village, Needamangalam Taluk, Thiruvarur District as originally acquired in earlier land acquisition proceedings in the name of the petitioner by granting patta to the petitioner under the Adi Dravidar Welfare Scheme as per the time frame fixed by the Hon'ble Court.

PRAYER in W.P.No.7687 of 2013:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondents to assign free house site to an extent of 3 cents in Survey No.88, 87/2B2 and 105 of Sekarai Village, Needamangalam Taluk, Thiruvarur District as originally acquired in earlier land acquisition proceedings in the name of the petitioners by granting patta to the petitioners under the Adi Dravidar Welfare Scheme as per the time frame fixed by the Hon'ble Court.

PRAYER in W.P.No.36249 of 2016:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondents to assign free house site to an extent of 3 cents in Survey No.88, 87/2B2 and 105 in Sekarai Village, Needamangalam Taluk, Thiruvarur District as originally acquired in earlier land acquisition proceedings and grant patta to the petitioner under the Adi Dravidar Welfare Scheme as per the time framed fixed by the Hon'ble Court by considering representations dated 13.08.2016 and 08.09.2016. PRAYER in W.P.No.3650 of 2017:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondents to assign free house site to an extent of 3 cents in Survey Nos.

88, 87/2B2 and 105 in Sekarai Village, Needamangalam Taluk, Thiruvarur District as originally acquired in the earlier land acquisition proceedings in the name of the petitioner by granting patta to the petitioner under the Adi Dravidar Welfare Scheme as per the time frame fixed by the Hon'ble Court by considering the petitioner's representations dated 10.11.2014 and 19.09.2016.

For Petitioner : Mr.Chandrakumar in W.P.21835 of 2012 for Mr.G.Vinodhkumar, P.Divakar For Petitioners : Mr.Chandrakumar in W.P.7687 of 2013 for Mr.G.Saravanan Ms.Sivami Subramani For Petitioners : Mr.Chandrakumar in W.P.36249 of 2016 for Mr.Swami Subramanian For Petitioner : Mr.Chandrakumar in W.P.3650 of 2017 for Mr.P.Vadivel For Respondents : Mr.Richardson Wilson in all WP's Government Advocate C O M M O N O R D E R The W.P.No.21835 of 2012 is filed to issue Writ of Mandamus, directing the respondents to assign free house site to an extent of 3 cents in Survey No.88, 87/2B2 and 105 of Sekarai Village, Needamangalam Taluk, Thiruvarur District as originally acquired in earlier land acquisition proceedings in the name of the petitioner by granting patta to the petitioner under the Adi Dravidar Welfare Scheme as per the time frame fixed by the Hon'ble Court.

2. The W.P.No.7687 of 2013 is filed to issue Writ of Mandamus, directing the respondents to assign free house site to an extent of 3 cents in Survey No.88, 87/2B2 and 105 of Sekarai Village, Needamangalam Taluk, Thiruvarur District as originally acquired in earlier land acquisition proceedings in the name of the petitioners by granting patta to the petitioners under the Adi Dravidar Welfare Scheme as per the time frame fixed by the Hon'ble Court.

3. The W.P.No.36249 of 2016 is filed to issue Writ of Mandamus, directing the respondents to assign free house site to an extent of 3 cents in Survey No.88, 87/2B2 and 105 in Sekarai Village, Needamangalam Taluk, Thiruvarur District as originally acquired in earlier land acquisition proceedings and grant patta to the petitioner under the Adi Dravidar Welfare Scheme as per the time framed fixed by the Hon'ble Court by considering representations dated 13.08.2016 and 08.09.2016.

4. The W.P.No.3650 of 2017 is filed to issue Writ of Mandamus, directing the respondents to assign free house site to

an extent of 3 cents in Survey Nos.88, 87/2B2 and 105 in Sekarai Village, Needamangalam Taluk, Thiruvarur District as originally acquired in the earlier land acquisition proceedings in the name of the petitioner by granting patta to the petitioner under the Adi Dravidar Welfare Scheme as per the time frame fixed by the Hon'ble Court by considering the petitioner's representations dated 10.11.2014 and 19.09.2016.

5. The petitioners in all the writ petitions filed these writ petitions directing the respondents to assign free house site patta which was originally acquired in earlier Land Acquisition Proceedings under the Adi Dravidar Welfare Scheme. In this regard, all the petitioners made representations to the respondents seeking free house site patta. The only grievance of the petitioners is that they were not consider as beneficiaries under the benefit for issuance of free house site patta.

6. In fact, the properties comprised in Survey Nos.88, 87/2B2 and 105 have been acquired to provide free house site pattas to be eligible beneficiaries. Further the contention of the petitioners is that those who are not eligible for free house site patta are considered by the respondents and the petitioners are real beneficiaries were not considered by the respondents for issuance of free house site patta.

7. Without going into the merits, the second and third respondents are directed to considered the petitioners' representations for issuance of free house site patta after identifying the original beneficiaries. It is also made clear, that the respondents 2 and 3 are directed to issue notice to the petitioners and after giving an opportunity of hearing and pass orders on merits in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

8. With the above directions, these writ petitions are disposed of.

Consequently, the connected miscellaneous petitions are closed. No order as to costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rna

To 1.The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariate, Fort. St. George, Chennai- 600 009.

2.The District Collector,

3. The District Adi Dravidar and Tribal Welfare Officer, Thiruvarur District,

4. The Special Tashildar, Adi Dravidar Welfare, Mannargudi,

5. The Tashildar, Taluk Officer, Needamangalam, +1cc to Mr.Swami Subramanian, Advocate, S.R.No.42772 +1cc to Mr.G.Vinodh Kumar, Advocate, S.R.No.42773 +1cc to Mr.G.Saravanan, Advocate, S.R.No.42769 +1cc to the Government Pleader, S.R.No.42688 .P.Nos.21835 of 2012, 7687 of 2013, 36249 of 2016, 3650 of 2017 and M.P.Nos.1 of 2012, 1 of 2013 PMK(CO) PM/16/09/2021