M.Paramasivam v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.8214, 8219, 8221 & 8224 of 2019 and W.M.P.Nos. 8779, 8784, 8786 & 8789 of 2019

1. M.Paramasivam

...Petitioner in WP.No.8214/2019

2. C.Ravi

...Petitioner in WP.No.8219/2019

3. C.Babu

...Petitioner in WP.No.8221/2019

4. Poorani

...Petitioner in WP.No.8224/2019

Vs.

1. The Chief Secretary, Secretariat,

2. The Director, Adi Dravidar Welfare Department,

3. The Director, Directorate of Survey and land records, Settlement Section-II

4. The Superintendent of Police, Ariyankuppam,

...Respondents in all WPs

Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st respondent herein to consider the representations dated 21.02.2018 and 27.02.2019 within a stipulated time. For Petitioners:

Ms.N.Sridevi for Mr.R.Udhayakumar (in all WPs) For Respondents:

Ms.G.Djearany Additional Government Pleader (in all WPs)

C O M M O N O R D E R In all these writ petitions, the respective writ petitioner seeks for a direction to the 1st respondent to consider their representations dated 21.02.2018 and 27.02.2019, wherein and whereby, they requested the Government of Puducherry to permit them to reside in the property which was allotted to them earlier. In effect, their request is not to dislocate them to some other property for the purpose of constructing a multipurpose complex at the site in which they are residing.

2. The grievance of the petitioners is that there is no necessity for the respondent-Government to relocate the petitioners.

3. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the 3rd respondent to consider and decide the same on merits and in accordance with law.

4. Therefore, without expressing any view on the merits of the matter, this Writ Petitions are disposed of, only by directing the 3rd respondent to consider the representations of the petitioners dated 21.02.2018 and 27.02.2019 and pass appropriate orders on the same on merits and in accordance with law, after giving due opportunity of hearing to all these petitioners. Such exercise shall be done by the 3rd respondent within a period of three months from the date of receipt of a copy of this order. Till an order is passed by the 3rd respondent on the representations filed by the petitioners, the status quo as on today shall be maintained in respect of the property in which the respective petitioners are residing. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar sni/vri To

1. The Chief Secretary, Secretariat,

2. The Director, Adi Dravidar Welfare Department,

3. The Director, Directorate of Survey and land records, Settlement Section-II

4. The Superintendent of Police, Ariyankuppam, +4cc's to Mr.R.Udhayakumar, Advocate, S.R.Nos.27027 to 27030(13.06.2019) +1cc to the Government Pleader for Puducherry, S.R.No.27121 W.P.Nos.8214, 8219, 8221 & 8224 of 2019 RSV(CO) RRS(07/05/2019)