Annadurai v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR WP.No.12348 of 2024 Annadurai .. Petitioner

Versus

1.The State of Tamil Nadu Rep by its Secretary to the Government Department of Adi Dravidar and Tribal Welfare Secretariat, Fort St.George Chennai - 600 009 2.The District Collector Tiruppur District 3.The Special Tahsildar Adi-Dravidar and Tribal Welfare Krishnagiri 4.The Tahsildar Anchetty Taluk Krishnagiri District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 01.04.2024. For Petitioner : Mr.R.Sankarasubbu for M/s.S.Sengkodi For Respondents : Mr.P.Sathish Additional Government Pleader 1/4

ORDER

This writ petition is filed for a direction directing the respondents to consider the petitioner's representation dated 01.04.2024.

2. It is the case of the writ petitioner that the petitioner belong to Scheduled Caste-Adi Dravidar Community. The Government has issued a G.O.Ms.Nos.1256, Social Welfare dated 13.06.1985 and 374 dated 08.02.1986 for acquiring an extent of 1.76 hectares for providing house sites to the landless and economically poor people. The petitioner has also given an application in this regard long back. However, the said Government Orders were challenged by the land owners by filing writ petitions before this Court. Notification was quashed by this Court granting liberty to the Government to issue fresh notification in accordance with law for acquisition of law, if the land is required for the public purpose. Despite such liberty is granted for acquiring the land, the Government has not taken any steps for acquiring the land or issuance of free house sites patta for the petitioner and similarly placed persons. Hence, the petitioner made a representation on 01.04.2024 to the respondents for issuance of patta, however, the same is pending without consideration. Hence, this writ petition.

3. The learned Additional Government Pleader submitted that since the 2/4

land acquisition proceeding is already quashed for the said land, patta cannot be granted. However, the District Collector will consider the representation of the petitioner and if any land is available for issuance of patta, he will decide the same on merits and in accordance with law.

4. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

5. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

6. Such view of the matter, there shall be a direction to the District Collector/second respondent to consider the representation of the petitioner dated 01.04.2024, decide the issue and pass appropriate orders on its own merits, if any land is available for issuance of free house site patta, identify and take action as per law. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this Order. N. SATHISH KUMAR , J.

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7. With the above direction, this writ petition is disposed of. No costs. 19.06.2024 dhk Index :Yes/No : Yes/No To 1.The Secretary to the Government The State of Tamil Nadu Department of Adi Dravidar and Tribal Welfare Secretariat, Fort St.George Chennai - 600 009 2.The District Collector Tiruppur District 3.The Special Tahsildar Adi-Dravidar and Tribal Welfare Krishnagiri 4.The Tahsildar Anchetty Taluk Krishnagiri District W.P.No.12348 of 2024 4/4