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Madras High CourtWP/34125/2017allowed

K.Manickam, v. The Collector,

2017-12-28Honourable Mr Justice G.R.Swaminathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.No.34125 of 2017 and W.M.P.No.37880 of 2017 K. Manickam ..Petitioner versus

1. The Collector, District Collector Office, Dharmapuri District, Dharmapuri.

2. The Backward Classes Welfare Officer, District Collector Office, Dharmapuri District, Dharmapuri.

3. The Special Tahsildar, Land Acquisition Athi Dravidar Welfare Department, Taluk Office Building, Dharmapuri.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to measure and hand over possession as per the patta issued in favour of the petitioner in Plot No.3 based on the representation dated 18.12.2017 and to act upon the decree dated 26.11.2009 in O.S.No.43 of 2008 on the file of the District Munsif Court, Dharmapuri.

For Petitioner :

Mr.M.Selvam For Respondents:

Mr.S.Navaneethan Addl.Government Pleader

O R D E R

The petitioner belongs to a Most Backward Community. Considering his eligibility, he and few others were issued Free House Site Patta on 09.11.1993. His grievance is that even though such an assignment patta has been issued, there was no actual demarcation of the assigned land. The petitioner has https://hcservices.ecourts.gov.in/hcservices/

therefore given a representation in this regard on 18.12.2017.

2. The writ petitioner is directed to produce the assignment patta in original before the third respondent on 05.01.2018. On such production, the third respondent is directed to measure and hand over possession of the assigned land as per the said patta within a period of eight weeks thereafter.

3. With the above direction, the writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar rsi/ah To

1. The Collector, District Collector Office, Dharmapuri District, Dharmapuri.

2. The Backward Classes Welfare Officer, District Collector Office, Dharmapuri District, Dharmapuri.

3. The Special Tahsildar, Land Acquisition Athi Dravidar Welfare Department, Taluk Office Building, Dharmapuri.

+1 CC to Govt. Pleader sr 92655.

+1 CC to Mr.M. Selvam, advocate sr 92670.

W.P.No.34125 of 2017 and W.M.P.No.37880 of 2017 PVS(CO) SP(08/01/2018) https://hcservices.ecourts.gov.in/hcservices/