Madras High CourtWP/24818/2015disposed of

Arungunam S.Vinayagam v. The State Government

2015-08-12Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.08.2015

CORAM:

THE HONOURABLE MR. SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Writ Petition No.24818 of 2015 Arungunam S. Vinayagam ... Petitioner vs.

1. The State Government of Tamilnadu Rep. by its Chief Secretary/ Vigilance Commissioner St. George Fort, Secretariat Chennai-600 009.

2. The Principal Secretary Revenue Department St. George Fort Secretariat, Chennai-600 009.

3. The Secretary Adi Dravidar Welfare Department St. George Fort Secretariat, Chennai-600 009.

4. The Commissioner Land Administration Chepauk, Chennai-600005.

5. The Commissioner Scheduled Caste and Scheduled Tribe Department, Chepauk Chennai-600 005.

6. The Chairperson State Scheduled Caste and Scheduled Tribe Commission, Nungambakkam, Chennai-6.

7. The Secretary National Commissioner for Scheduled Castes 5th Floor, Lok Nayak Bhawan, Khan Market New Delhi-110 003.

8. The Secretary National Commissioner for Scheduled Tribe 5th Floor, Lok Nayak Bhawan, Khan Market New Delhi-110 003.

9. The Secretary National Human Rights Commission Manav Adhikar Bhawan C-Block, G.O.P. Complex INA, New Delhi-110 023.

... Respondents PRAYER: Writ Petition 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 16.07.2015 and thereby direct the respondents to constitute a Commission or a Committee presiding by the Chief Secretary Ranking with inclusive of Officials of National Commission for SC/ST and National Human Rights Commission to identify the Panjami lands which are under the control, possession and enjoyment of non SC/ST people in all over Tamil Nadu and restore the same to its original position and thereby direct the respondents to distribute the said lands to the poor Scheduled Caste and Scheduled Tribe People within a stipulated period of time. For Petitioner : Arungunam S.Vinayagam Party-in-person For Respondents : Mr. S.T.S. Murthi Govt. Pleader assisted by Mr. V. Shanmughasundar Govt. Advocate for R1 to R6 Mr. Su. Srinivasan Asst. Solicitor General for R7 to R9.

O R D E R

(Made by The Hon'ble The Chief Justice) The petitioner seeks to raise a larger issue without really getting into specifics of the lands which are earmarked for Scheduled Caste and Scheduled Tribe Community being occupied by persons not belonging to the Community. It is admitted that various petitions were filed, where directions have been issued to restore the land. However, the petitioner states that the Government should itself constitute a Committee to verify the position in each district to ensure that all the land meant for Scheduled Caste and Scheduled Tribe Community is actually utilised for their benefit. In this behalf, a representation dated 16.07.2015 has been made.

2. We are of the view that since this issue is cropping up again and again in different petitions, it would be just and necessary that the State Government constitutes a Centralised Committee to verify the position of allotment of such land in different districts to ensure that the beneficiaries actually get the land and the representation dated 16.07.2015 be accordingly disposed of within a maximum period of six weeks from the date of receipt of a copy of this order by the first respondent/third respondent.

3. The writ petition accordingly stands disposed of. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ATR Copies to;

1. The Chief Secretary/Vigilance Commissioner to the Government of Tamilnadu St. George Fort, Secretariat Chennai-600 009.