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Madras High CourtWP/32443/2015disposed of

E.V.Narayanasamy v. The State Of Tamil Nadu

2020-09-03Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.32443 of 2015 and W.M.P.No.5080 of 2018 E.V.Narayanasamy ... Petitioner .Vs.

1. The State of Tamil Nadu rep by the Secretary to the Government Public (Political Pension) Department, Fort St.George, Chennai - 600 009.

2. The District Collector, Vellore District, Vellore.

3. The District Revenue Officer, Thirupattur Division, Thirupattur, Vellore District.

4. The Tahsildar, Thirupattur Taluk, Vellore District.

... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents to assign 15 acres unobjectionable poramboke land to the petitioner and thereby grant patta for him at Ealagiri Village, Thirupathur Taluk, Vellore District.

For Petitioner : Mr.A.R.Suresh For Respondents: Mrs.K.Bhuvaneswari, Additional Government Pleader

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to assign 15 acres unobjectionable poramboke land to him and thereby grant patta for him at Ealagiri Village, Thirupathur Taluk, Vellore District. 2.It is the case of the petitioner that he is a freedom fighter and is entitled for allotment of free land from Government of Tamil Nadu. The petitioner has given his representations dated 17.05.2012, 05.06.2012, 18.06.2012, 06.06.2013 and 11.06.2014 seeking for allotment of land. 3.The 4th respondent filed his counter wherein it has been stated that no land can be allotted in Ealagiri Hills for the reason that the petitioner does not belong to Scheduled Tribe community and that he belongs to Scheduled Caste community. Further, it has been stated that there is a bar for assigning lands in Ealagiri Village.

4.In these circumstances, I am of the view that no land can be allotted to the petitioner in Ealagiri Village, Thirupathur Taluk, Thirupathur District. However, it is open to the petitioner to give a fresh representation seeking for assignment of land in some other place, which are not barred. On submission of representation by the petitioner, the authorities shall pass orders in accordance with law, as expeditiously as possible. 5.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Secretary to the Government State of Tamil Nadu, Public (Political Pension) Department, Fort St.George, Chennai - 600 009.

2. The District Collector, Vellore District, Vellore.

3. The District Revenue Officer, Thirupattur Division, Thirupattur, Vellore District.

4. The Tahsildar, Thirupattur Taluk, Vellore District.

+1cc to the Government Pleader, Sr.No.29013 W.P.No.32443 of 2015 and W.M.P.No.5080 of 2018 ajs (co) rr ii (28/09/2020)