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Madras High CourtWP/12777/2021disposed of

A.Anjalai v. The District Collector

2021-07-27Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No.12777 of 2021 A. Anjalai

...Petitioner

Vs

1. The District Collector, Collectorate, Vengikkal, Tiruvannamalai 606 604.

2. The district Adi Dravida Welfare Officer, Collectorate, Vengikkal, Tiruvannamalai 606 604.

3. The Tahsildar, Sengam (T.K.), Tiruvannamalai (D.T.)

4. The Special Thasildar, Adi Dravida Welfare, Sengam (T.K.) Tiruvannamalai (D.T.)

5. Village Administrative Officer, Kottakulam Village, Sengam (T.K.) Tiruvannamalai (D.T.)

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 09.02.2018 in pursuance of implement the 2nd respondent proceedings dated 10.03.2019 vide Na.Ka.K1/12691/2016 and evict the 17 encroachers with police protection and permit her to take possession of her house site No.17.

For petitioner ... Mr. Mr. Dhiganesh for Mr. S.Muthukrishnan For respondents ... Mr. Yogesh Kannadasan Government Advocate

ORDER

This writ petition has been filed seeking a direction to the 1st respondent to consider the petitioner's representation dated 09.02.2018.

2. According to the petitioner, 37 house sites were allotted to her and others in Kottakulam Village by the 4th respondent/Special Tahsildar, Adi Dravida Wekfare Department , Sengam. After assignment, patta was also granted in favour of the petitioner and others. Thereafter, she came to know that some other peoples are occupying the land. Hence, she made a representation to the authorities to evict those persons. Pursuant to the petitioner's representation, the 2nd respondent in and by his proceedings in Na.Ka.K1/12691/2016 dated 10.03.2019 requested the Tahsildhar to evict those persons and give possession to the petitioner and others. But, so far no no order has been passed. Hence, the present writ petition has been filed.

3. Mr. Yogesh Kannadasan, learned Government Advocate, appearing for the respondents, on instructions from the Tahsildar, would submit that originally lands were acquired for providing House Site to Adi Dravidar and patta has also been issued to that persons. Subsequently, they violated the assignment conditions, and the pattas were cancelled, once again fresh patta granted to the 37 beneficiaries, and, the original allottees are still occupying the lands, and the 3rd respondent/Tahsildar and other officers are taking steps to evict them with the help of police.

4. Considering the fact that already patta has been granted in favour of the petitioner, the respondents are directed to take steps to give possession to the petitioner as expeditiously as possible.

5. With the above directions, this Writ Petition is disposed of. No costs.

-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar mrp

To

1. The District Collector, Collectorate, Vengikkal, Tiruvannamalai 606 604.

2. The district Adi Dravida Welfare Officer, Collectorate, Vengikkal, Tiruvannamalai 606 604.

3. The Tahsildar, Sengam (T.K.), Tiruvannamalai (D.T.)

4. The Special Thasildar, Adi Dravida Welfare, Sengam (T.K.) Tiruvannamalai (D.T.)

5. Village Administrative Officer, Kottakulam Village, Sengam (T.K.) Tiruvannamalai (D.T.) +2 Ccs to Mr.S. Muthukrishnan, Advocate sr 36315 +1 CC to The Government Advocate sr 36558.

W.P. No.12777 of 2021 SP(18/08/2021)