R.Selvakumar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2023 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.Nos.25986, 25987 & 27881 of 2015 and M.P.Nos.1 & 2 of 2015 Petitioner in R.Selvakumar ..
W.P.No.25986 of 2015 Petitioner in D.Sangeetha ..
W.P.No.25987 of 2015
1. M.Shanthi
2. Rangadurai
3. Arjunanan
4. Inpasekaran
5. Sarasu
6. Radha
7. Rajeshkannan
8. Durai
9. Yuaraj
10. Murugesan
11. Mohanraj
12. Gurumurugan
13. Ilaiyaraja
14. Yellammal
15. Sumathi Petitioners in
16. Veerasamy ..
W.P.No.27881 of 2015 vs
1. The State of Tamil Nadu Rep. by its Secretary Department of Adi-Dravidar Fort St. George, Secretariat Chennai - 600 009.
2. The District Collector Salem District.
3. The District Adi-Dravidar The District Adi-Dravidar and Scheduled Tribes Welfare Office Salem District.
4. The Special Tahsildar Department of Adi-Dravidar Welfare Respondents Attur, Salem District.
..
in all W.Ps Prayer in W.P.No.25986 of 2015: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records with regard to the proceedings of the fourth respondent in Na.Ka.No.1036/98/A dated 16.07.2015 and quash the same and issue further direction directing the respondents to issue re-patta to the petitioner's house site No.19, situated in S.R.No.349/6 of the Thammampatti Village, Gengavalli Taluk, Salem District within the time fixed by this Hon'ble Court; Prayer in W.P.No.25987 of 2015: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records with regard to the proceedings of the fourth respondent in Na.Ka.No.1036/98/A dated 16.07.
2015 and quash the same and issue further direction directing the respondents to issue re-patta to the petitioner's house site No.29, situated in S.R.No.349/6 of the Thammampatti Village, Gengavalli Taluk, Salem District within the time fixed by this Hon'ble Court; Prayer in W.P.No.27881 of 2015: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to provide house-site pattas to the petitioners houses in survey number 349/6 of the Thammampatti Village, Gangavelli Taluk, Salem District on the basis of the petitioners representation dated 13.08.2015 within the time frame fixed by this Hon'ble Court.
in all W.Ps :
Mr.S.Rajanikanth For Respondents Mr.Abishek Moorthy in all W.Ps :
Government Advocate COMMON ORDER The impugned notice issued by the Special Tahsildar (Adi-Dravidar Welfare), Attur, pursuant to the directions issued by this Court in W.P.Nos.11646, 11647 & 12664 of 2006 dated 18.08.2007 is under challenge in these writ petitions.
2. The petitioners made applications for grant of free patta in respect of the Government land. The pattas were granted recently by the competent authorities, who in turn specifically found that the petitioners had already been allotted free house sites under the Government scheme and therefore, they are not entitled for the benefit on two occasions. Thus, the competent authorities cancelled the pattas and the said cancellation order has been challenged by the writ petitioners in W.P.Nos.11646, 11647 & 12664 of 2006 and this Court passed orders confirming the cancellation and subsequent to the orders passed by this Court, the present impugned notice has been issued.
3. The cancellation of patta issued by the competent authorities
were confirmed by the High Court and therefore, the petitioners are liable to be evicted from the premises, which was illegally granted to them. No writ against a notice is entertainable, unless, such notice was issued by an incompetent authority, having no jurisdiction. However, the notice was issued by the Special Tahsildar (Adi-Dravidar Welfare) pursuant to the directions issued by this Court in the writ petitions challenging the cancellation of pattas, since they were already holding pattas under the free house sites scheme of the Government.
4. That being the factum, the petitioners are not entitled for any relief as such sought for in these writ petitions and they are liable to be evicted from the premises pursuant to the impugned notice issued by the respondents on 11.07.2015.
5. In this view of the matter, the respondents are directed to evict the petitioners, by following the procedures, within a period of eight weeks from the date of receipt of a copy of this order.
6. With these directions, these writ petitions are dismissed. There will be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
Index : Yes/No 25.04.2023 drm To:
1. The Secretary The State of Tamil Nadu Department of Adi-Dravidar Fort St. George, Secretariat Chennai - 600 009.
2. The District Collector Salem District.
3. The District Adi-Dravidar The District Adi-Dravidar and Scheduled Tribes Welfare Office Salem District.
4. The Special Tahsildar Department of Adi-Dravidar Welfare Attur, Salem District.
S.M. SUBRAMANIAM, J.
drm W.P.Nos.25986, 25987 & 27881 of 2015 25.04.2023