G.Shanmugavadivu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.8390 of 2024 G.Shanmugavadivu ... Petitioner Vs
1. The District Collector, District Collectorate Office, Vellore District, Vellore - 9.
2. The District Revenue Officer, Vellore District, Vellore - 9.
3. The Revenue Divisional Officer, Gudiyatham Taluk, Vellore District.
4. The Tahsildar, Gudiyatham Taluk, Vellore District.
5. Sadanandam
6. Prabakaran
7. Balakrishnan
8. Lakshmipriya
9. Yuvaraj @ Seenu
10. Sanganarayanan
11. Rajendran
12. Balakrishnan 1/6
13. K.Vijayalakshmi
14. Prema
15. Ravi
16. Sivaprakasam
17. Bhaskan
18. Rekha ... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the third and fourth respondents herein to consider the first respondent letter Na.Ka.B3/13053/2017, dated 26.09.2018 and also the DSP report in Na.Ka.No.65/Ka/Thu/Ka./D.6/2018, dated 16.07.2018, further the third and fourth respondents are to survey the said land based on the OSR, SLR, RSR and Village Conditional Assignment Register records maintained in the Revenue Records and submit the survey report at the earliest to the petitioner.
For Petitioner : Mr.A.L.Franc Paul Asirvadam For Respondents : Mr.A.Selvendran Special Government Pleader
ORDER
This Writ Petition has been filed direct the third and fourth respondents herein to consider the first respondent letter Na.Ka.B3/13053/2017, dated 26.09.2018 and also the DSP report in 2/6
Na.Ka.No.65/Ka/Thu/Ka./D.6/2018, dated 16.07.2018, further the third and fourth respondents are to survey the said land based on the OSR, SLR, RSR and Village Conditional Assignment Register records maintained in the Revenue Records and submit the survey report at the earliest to the petitioner.
2. It is the contention of the writ petitioner that the subject property had been originally allotted to the fore fathers of the petitioner by the Inam Commissioner through which the petitioner and her family members claim right over the said lands. While so, the respondents 5 to 17 had encroached upon the lands of the petitioner. Hence, the petitioner has preferred a comlaint to the District Collector. On the complaint given by the petitioner, the District Collector Ordered enquiry. However, no action has been taken by the respondents. Hence, the present Writ Petition.
3. The Special Government Pleader appearing for the respondents would submit that a letter has been addressed by the District Collector to 3/6
the Chairman of National Schedule Caste Commission on 10.12.2020 and in the said letter, it is stated that the petitioner has not produced any documents to substantiate that lands were allotted to the forefathers of the petitioner.
4. A perusal of the Order passed by the District Collector indicates that proper enquiry has been conducted and after verification of documents, it is concluded that the property is not a Panchami land and it is a private patta land. Further, in the enquiry of the District Collector, it is found that the persons who are occupying the property are title holders from the year 1928. Therefore, there cannot be any directions. Hence, I do not find any merits in this Writ Petition.
5. Accordingly, this Writ Petition is dismissed. No costs. 01.04.2024 Index:Yes/No 4/6
vrc To,
1. The District Collector, District Collectorate Office, Vellore District, Vellore - 9.
2. The District Revenue Officer, Vellore District, Vellore - 9.
3. The Revenue Divisional Officer, Gudiyatham Taluk, Vellore District.
4. The Tahsildar, Gudiyatham Taluk, Vellore District.
5/6
N.SATHISH KUMAR, J.
vrc WP.No.8390 of 2024 01.04.2024 6/6