R. Kandhasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.11.2016
CORAM
The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.30430 of 2011 R.Kandhasamy .. Petitioner vs.
1.The District Collector, 2.The District Superintendent of Police, Salem District, Salem.
3.The District Revenue Officer, 4.The District Adi-Dravidar & Tribal Welfare Officer, (Scheduled Caste cum Scheduled Tribes) 5.The District Chief Educational Officer, 6.The District Primary Educational Officer, 7.The District Planning C-ordinator, Sarva Shiksha Abhiyaan (SSA) (Anaivarukkum Kalvi Iyakkam) 8.The Special Thasildhar, Adi-Dravidar Welfare, Sangagiri, Sangagiri Taluk, 9.The Tahsildhar, Edappadi, Edappadi Taluk,
10.The Inspector of Police, Edappadi Police Station, Edappadi Taluk, Salem District.
11.The Block Development Officer, Konganapuram Union, Edappadi Taluk, Salem District.
12.The Asst. Elementary Educational Officer, Konganapuram Union, Konganapuram, Edappadi Taluk, Salem District.
13.The Supervisor, Block Educational Resouce Centre, Konganapuram Union, Edappadi Taluk, Salem District.
14.The Revenue Inspector, Konganapuram Union, Edappadi Taluk, Salem District.
15.The Village Administrative Officer, Konasamuththiram Village, Edappadi Taluk, Salem District.
16.The Village President, Konasamuththiram Panchayat, Kanniyampatti Hamlet, Konasamuththiram Village & Post, Edappadi Taluk, Salem District.
17.G.Jothi .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct all the respondents to demolish the constructed buildings in Survey No.175/21, situated in Sevipatti Hamlet of Konasamudhram village and post, Edappadi Taluk, Salem District and restore the land to the petitioner's possession on the basis of petitioner's representation dated 24.10.2011.
For Petitioners : Mr.Dalit Tiger C.Ponnusamy For Respondents : Mr.R.Vijayakumar Addl. Govt. Pleader for R1 to R15 R17-N.A.
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) We have heard the learned counsel for parties.
2. The case of the petitioner is that the land belonging to the petitioner in S.No.175/21 situated in Sevipatti, Hamlet of Konasamudhram Village, Edappadi Taluk, Salem District was
purchased by him in pursuance to a registered sale deed and that the respondent authorities have occupied a part of the land for the purposes of Government school. It is also the say of the petitioner that this land is meant for Adi-Dravidar community.
3. On the other hand, the counter-affidavit of respondent No.9 seeks to suggest that the land is classified as Tharisu (poramboke) in the revenue department accounts and lying vacant for several years. The Village Education Committee is stated to have passed a resolution dated 28.09.2010 for construction of a school building which includes the land over which the petitioner lays a claim. The school has been constructed and is now functioning.
4. In view of the aforesaid facts and circumstances, we are of the view that it would be appropriate for the District Collector/respondent No.1 to hold an enquiry on the issue of demarcation of the land, as also the revenue entries showing the purpose for which the land can be put to use. This has to be read along with the sale deed, which the petitioner possesses. The petitioner may submit all the requisite documents to the first respondent within three weeks and the enquiry shall be conlcuded within three months thereafter. If it is found to be a patta land, then the option of the respondent authorities would only be to either hand over the land back to the petitioner or to acquire it in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if possible.
5. The writ petition, accordingly, stands disposed of. No costs.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To:
1.The District Collector, 2.The District Superintendent of Police, Salem District, Salem.
3.The District Revenue Officer,
4.The District Adi-Dravidar & Tribal Welfare Officer, (Scheduled Caste cum Scheduled Tribes) Collectorate of Salem, Salem District.
5.The District Chief Educational Officer, 6.The District Primary Educational Officer, 7.The District Planning C-ordinator, Sarva Shiksha Abhiyaan (SSA) (Anaivarukkum Kalvi Iyakkam) 8.The Special Thasildhar, Adi-Dravidar Welfare, Sangagiri, Sangagiri Taluk, 9.The Tahsildhar, Edappadi, Edappadi Taluk, 10.The Inspector of Police, Edappadi Police Station, Edappadi Taluk, Salem District.
11.The Block Development Officer, Konganapuram Union, Edappadi Taluk, Salem District.
12.The Asst. Elementary Educational Officer, Konganapuram Union, Konganapuram, Edappadi Taluk, Salem District.
13.The Supervisor, Block Educational Resouce Centre, Konganapuram Union, Edappadi Taluk, Salem District.
14.The Revenue Inspector, Konganapuram Union, Edappadi Taluk, Salem District.
15.The Village Administrative Officer, Konasamuththiram Village, Edappadi Taluk, Salem District.
+1 cc to M/s.Dalit Tiger C.Ponnusamy,advocate,sr.70277 +1 cc to Govt.Pleader,sr.70239.
ksj(co) krd 8/12 W.P.No.30430 of 2011