S.Sheela v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.23549/2014 1.S.Sheela 2.S.Mangalakshmi 3.S.Vimala 4.S.Sumathi 5.T.Aruna 6.K.Kanniga Parameshwari 7.K.Kajalakshmi 8.K.Sivakumar 9.K.Subashini 10.K.manohari ..

Petitioners

Versus

1.The District Collector Villupuram District, Villupuram.

2.The Special Tahsildar Adi Dravidar Welfare Officer Kallakurichi, Villupuram District.

3.The Tahsildar Sankarapuram Taluk Villupuram District.

..

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents herein to forthwith transfer the patta and the revenue records in respect of the aforesaid lands measuring an extent of 0.52.5 hectares comprised in RS.No.255/7 ; 0.45.5 hectares in RS.No.255/8 and 0.03.0* hectares in RS.No.255/17 in Kattuvannanjur village, Sankarapuram Taluk, Villupuram District pursuant to the representations dated 31.07.2014 and 01.08.2014.

For Petitioners :

Mrs.Ar.L.Gandhimathi For Respondents :

Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

Heard Mrs.Ar.L.Gandhimathi, learned counsel for the petitioners and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the respondents and perused the material available on record.

2.The petitioners seek for issuance of a writ of mandamus to direct the respondents to transfer the patta and revenue records in respect of the lands in question in the names of the petitioners. 3.The lands which were owned by the petitioners were the subject matter of Land Acquisition Proceedings under the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act 1978 [Act 31 of 1978]. The petitioners challenged the acquisition proceedings by filing WP.No.8628/1999 and the writ petition was dismissed by this Court vide order dated 06.01.2009. Aggrieved by the said dismissal, the petitioners preferred a writ appeal in WA.No.312/2009 and the Division Bench of this Court, vide Judgment dated 04.10.2010, by considering the decision of the Hon'ble Full Bench in the case of Pari Vs. The Special Tahsildar, Adi-Dravidar Welfare, Devakkotai and another reported in 2006 [4] CTC 609, disposed of the writ appeal in terms of the said order. Thereafter, the petitioners have now submitted representations dated 31.07.2014 and 01.08.2014 for grant of patta.

4.In the light of the above, without going into the merits of the petitioners' representations dated 31.07.2014 and 01.08.2014, there will be a direction to the 3rd respondent to consider the said representations of the petitioners and pass orders on merits and in accordance with law as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) Dt.17.02.2015 Corrected as per letter dt.8.04.15 in W.P.No.23549/14 /True Copy/ Sd/- Assistant Registrar(CO) Dt.10.04.2015 Sub Assistant Registrar AP

To

1. The District Collector Villupuram District, Villupuram.

To be Substituted the earlier

2. The Special Tahsildar order despatched on 2.3.15 Adi Dravidar Welfare Officer Kallakurichi, Villupuram District.

3. The Tahsildar Sankarapuram Taluk Villupuram District.

+1 CC to Government Pleader, SR.NO.7316 +1 CC to Mrs.Ar.L.Gandhimathi, Advocate SR.NO.7411 WP.No.23549/2014 KM(CO) DRL :21/02/2015 EU 10.04.2015