Ramaswamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.5722 of 2022 Ramaswamy ... Petitioner vs.

1. The District Collector, Ariyalur District, Ariyalur.

2. The Special Tahsildar, (Adi Dravidar Welfare) Ariyalur.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to consider the representation of the petitioner dated 27.01.2022 and release the petitioner's land in Survey No.93/11 & 93/13B from acquisition proceedings.

For Petitioner : Mr.K.P.P.Raja Raja Chozhan For Respondents : Mr.V.Veluchamy Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents herein to consider the representation of the petitioner dated 27.01.2022 and release the petitioner's land in Survey Nos.93/11 & 93/13B from acquisition proceedings.

2. The case of the petitioner is that the petitioner is the owner of the agricultural land in S.Nos.93/11 and 93/13B, admeasuring 77 cents situated at Vanathirayanpattinam Village, Udayarpalayam Taluk, Ariyalur District. Thereafter, the then Perambalur District Collector issued a notification dated 06.03.2000 under Rule 3(i) of the Tamil Nadu Harijan Welfare Scheme Acquisition Act,1978 for allocation of some of the lands to the Adi Dravidar people, where petitioner's land was also included in the said notification. While so, the petitioner made a representation to the respondents dated 27.01.2022 to exclude https://hcservices.ecourts.gov.in/hcservices/

his land in above said survey numbers from the acquisition proceedings dated 06.03.2000. Since the same was not considered by the respondents, the petitioner has come up with the present Writ Petition seeking the aforesaid relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 27.01.2022 and pass orders on merits within a particular time frame that may be fixed by this Court.

4. The Additional Government Pleader for respondents has no objection for said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 27.01.2022 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner and aggrieved persons if any within a period of twelve weeks from the date of receipt of a copy of this order.

7. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rap/sk To

1. The District Collector, Ariyalur District, Ariyalur.

2. The Special Tahsildar, (Adi Dravidar Welfare) Ariyalur.

+1cc to the Government Pleader, S.R.No.18133 W.P.No.5722 of 2022 GPL(CO) SB(06/04/2022) https://hcservices.ecourts.gov.in/hcservices/