K.T.Ravivanan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2017

CORAM

THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE Mr.JUSTICE N.SESHASAYEE W.P.No.11047 of 2017 K.T.Ravivanan .. Petitioner Vs.

1.The District Collector Vellore District Sathuvachari, Vellore-9.

2.The Revenue Divisional Officer, Ranipet, Vellore District - 632 401.

3.The Tahsildar Walaja, Vellore District - 632 513.

4.Rajamanicjkam 5.Krishnan 6.Munusamy 7.Saravanan 8.Kalaiselvi .. Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to remove the encroachers i.e., respondents 4 to 8 herein from the petitioner's Panchami property situated at Survey No.431/1B, D.C. immediately and hand over the ancestral property to the petitioner.

For Petitioner : Mr.R.Ramesh For Respondents : Mr.R.Vijayakumar Addl. Government Pleader [for R1 to R3]

O R D E R

[Order of the Court was made by M.SATHYANARAYANAN,J.] By consent, the writ petition is taken up for final disposal.

Heard the learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government

Pleader who accepts notice on behalf of the respondents 1 to 3.

2. The petitioner, in the affidavit filed in support of the writ petition as well as in the additional affidavit, claims that his grandmother Drowpathi Ammal's father namely one Babu was in the services of the erstwhile British Government and on appreciation of his services, he was allotted a property admeasuring to an extent of 1 acre 10 cents comprised in Survey No.431/B Kalmelkuppam Village, Walaja Taluk, Vellore District and after his demise, it devolved upon his successors. The petitioner, as one of the successors, is entitled to possession and enjoyment.

3. The learned counsel for the petitioner would submit that the petitioner was residing about 3 kms. away from the said property and when the petitioner made a visit to that property, he finds that other caste people namely respondents 4 to 8 had encroached upon the property. According to the learned counsel appearing for the petitioner, the land is classified as "Panchami" and as such, people belonging to Scheduled Caste Community alone are entitled to possession and enjoyment, and in this regard, the petitioner had submitted a representation to the concerned officials and the third respondent, vide endorsement dated 29.02.2016, in Na.Ka.No.AA.5/1484/2016, has directed the Village Administrative Officer, Kalmelkuppam Village, Walaja Taluk, Vellore District, to inspect the land and file a report and despite lapse of one and half years, no action has been taken and hence, came forward to file this writ petition.

4. Heard the submission of the learned counsel for the petitioner and perused the materials placed before it.

5. Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner in this writ petition, directs the Village Administrative Officer, Kalmelkuppam, Vellore District to comply with the endorsement dated 29.02.2016 in Na.Ka.No.AA.5/1484/2016, sent by the Office of the third respondent, within a period of four weeks from the date of receipt of a copy of this order and upon receipt of the same, the third respondent is directed to take appropriate action after putting the petitioner as well as the respondents 4 to 8 on notice and shall pass appropriate orders in accordance with law as expeditiously as possible, and communicate the decision taken, to the petitioner as well as the respondents 4 to 8.

6. This writ petition is disposed of accordingly. No costs. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar ds To:

1.The District Collector Vellore District Sathuvachari, Vellore-9.

2.The Revenue Divisional Officer, Ranipet, Vellore District - 632 401.

3.The Tahsildar Walaja, Vellore District - 632 513.

4.The Village Administrative Officer Kalmelkuppam Village, Vellore District.

+1 CC to Ms. R. Ramesh, Advocate sr 60640.

+1 Cc to Govt. Pleader sr 61689.

W.P.No.11047 of 2017 NRI(CO) sp(24/10/2017)