← Library
Madras High CourtWP/28374/2015disposed of

Ambur Mo. Krishnan Nagar v. The Collector Of Vellore

2020-03-09Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2020

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.28374 of 2015 Ambur Mo.Krishnan Nagar Dr.Ambedhkar Kudiyirupor Nala Sangam Moolakuttai Village, Ambur Taluk Vellore District Rep. by its President Mr.M.Dhanapal .. Petitioner Vs.

1.The Collector of Vellore District Sathuvachari, Vellore 2.The District Adi Dravidar Welfare Officer Office of the District Collector Sathuvachari, Vellore 3.The Special Tahsildar Adi Dravidar Welfare Thirupathur, Vellore District .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to consider and pass appropriate order on the petitioner's representation dated 16.09.2013.

For Petitioner : Mr.S.V.Karthikeyan For Respondents : Ms.K.Bhuvaneswari, AGP

ORDER

The petitioner association has come up with the present writ petition for a direction to the District Collector, Vellore, namely the first respondent herein, to consider petitioner's representation dated 16.09.2013 and pass appropriate orders.

2. Petitioner, is a registered society under the Societies Registration Act. It was established and being managed for

uplifting the social and educational status of the harijans living in Mo.Krishnan Nagar of Moolakuttai Village. In the year 2001, the District Collector, Vellore, has acquired certain lands in Ward 'B', Block 4 of Ambur Town for issuing house sites for homeless Adidravidars. According to the petitioner, the third respondent, namely the Special Tahsildar, has identified about 76 beneficiaries and issued pattas to those beneficiaries on 17.7.2001. According to the petitioner, out of 2.50 Acres of land, 1.14 Acres of land were allotted as house sites, 0.57 cents was classified as streets and 0.35 cents for common use and 0.13 cents for future use by the authorities. Though 105 house-sites were earmarked in the original plan, only 76 house sites were approved by the District Collector, Vellore and the remaining were kept for future use.

3. According to the petitioner, after having issued pattas to the 76 persons identified as beneficiaries to the scheme, other unapproved house sites were kept as lands for future use. The revenue records still stand in such manner. According to the petitioner, some of the allottees have sold their house sites to non Adi dravidars for a lesser price, which the petitioner association has interfered with and safeguarded the rights of the Adi dravidars. It is further stated in the affidavit that, some of the politically influenced persons, have created fabricated pattas and have sold the properties to third parties, who are not the beneficiaries of the scheme.

4. It is further stated in the affidavit that some of the plots allotted and pattas having been issued originally, were again allotted to third parties and pattas were issued as if originally issued in the year 2001. According to the petitioner, even the plots, which were kept for future use, were allotted to new persons as if originally allotted in the year 2001, totally spoiling the entire locality and creating dispute among the residents. Under such circumstances, the petitioner has made a representation on 16.9.2013 in the Public Grievance Meeting and that the representation of the petitioner was forwarded to the District Adi Dravidar Welfare Officer, Office of the District Collector, Sathuvachari, Vellore, for further action. As no action was forthcoming, the petitioner has approached this court for the relief stated supra.

5. Heard Mr.S.V.Karthikeyan, learned counsel for the petitioner and Ms.K.Bhuvaneswari, learned Additional Government Pleader, appearing for the respondents 1 to 3 and perused the materials available on record.

6. Considering the limited scope of the prayer and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the

District Collector, Vellore District, namely the first respondent herein, to consider the representation of the petitioner dated 16.9.2013 and pass orders, on merits and in accordance with law, after issuing notice to the petitioner as well as any other persons to whom allotment orders have been granted, as stated by the petitioner in this regard and also affording them an opportunity of personal hearing, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar Asr To 1.The Collector of Vellore District Sathuvachari, Vellore 2.The District Adi Dravidar Welfare Officer Office of the District Collector Sathuvachari, Vellore 3.The Special Tahsildar Adi Dravidar Welfare Thirupathur, Vellore District +1cc to Mr.S.V.Karthikeyan, Advocate SR.No.20517 +1cc to Government Pleader SR.No.21206 W.P.No.28374 of 2015 RSV(CO) GMY(09/07/2020)