C.Munuswamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.5331 of 2022 W.M.P.Nos.5421 & 5422 of 2022 C.Munuswamy
...Petitioner
Vs.
1.The District Collector, District Collector's Office, Dharmapuri - 636 705.
2.The Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar Welfare Department, District Collector's Office, Dharmapuri District - 636 705.
3.The Special Tahsildar, Adi Dravidar Welfare Department, Dharmapuri Division, Dharmapuri Taluk Office, Dharmapuri District - 636 701.
4.The Village Administrative Officer, Papinaickenahalli Village, Dharmapuri District - 636 701. ...Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents not to disposses the petitioner from the subjected lands i.e, agricultural land to a total extent of 1.26.0 hectares (3.11 acres) comprised in the Village Survey No.10/1A, 10/2A & 11/2A in the Papinaickenhalli Revenue Village in the Dharmapuri Taluk of the Dharmapuri District, until the orders passed by the first respondent based on the second respondent Enquiry Report dated 31.10.2019.
For petitioner :
Mr.Mukunth for Mr.D.Senthil Kumar For Respondents:
Mr.M.Muthusamy Government Advocate
ORDER
The petitioner has filed this petition seeking direction to the respondents not to disposses the petitioner from the agricultural land to a total extent of 1.26.0 hectares (3.11 acres) comprised in the Village Survey No.10/1A, 10/2A & 11/2A in the Papinaickenhalli Revenue Village in the Dharmapuri Taluk of the Dharmapuri District, until the orders passed by the first respondent based on the second respondent Enquiry Report dated 31.10.2019.
2. Mr.M.Muthusamy, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner is the owner of the property comprised in Survey Nos.10/1A, 10/2A & 11/2A, measuring an extent of 1.26.0 Hectares, situated at Papinaickenhalli Revenue Village, Dharmapuri Taluk & District. The said land was acquired by the third respondent for the purpose of Harijan Welfare by order dated 17.09.1998. However, without knowledge and due process of law, the said land was acquired as against the petitioner and no notice was issued. However, without provision of law, the second respondent made a recommendation in favour of the petitioner for re-conveyance on 31.10.2019 to the District Collector. However, no orders was passed by the District Collector on the recommendation made by the second respondent. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.
4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the first respondent to consider the recommendation of the second respondent dated 31.10.2019 within the time frame that may be fixed by this Court.
5. The learned Government Advocate appearing for the respondents submits that the recommendations made by the second respondent dated 31.10.2019 will be considered by the first respondent within the time frame that may be fixed by this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the first respondent to consider the recommendations made by the
second respondent dated 31.10.2019, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is disposed of with the aforesaid direction.
No costs. Consequently, connected miscellaneous petitions are closed.
-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar tri/anu To 1.The District Collector, District Collector's Office, Dharmapuri - 636 705.
2.The Adi Dravidar and Tribal Welfare Officer, District Adi Dravidar Welfare Department, District Collector's Office, Dharmapuri District - 636 705.
3.The Special Tahsildar, Adi Dravidar Welfare Department, Dharmapuri Division, Dharmapuri Taluk Office, Dharmapuri District - 636 701.
4.The Village Administrative Officer, Papinaickenahalli Village, Dharmapuri District - 636 701.
+1cc to Government Pleader, SR.No.16237 W.P.No.5331 of 2022 and W.M.P.Nos.5421 & 5422 of 2022 AJS(CO) RN(24/03/2022)