Madras High CourtWP/16568/2022disposed of

C.Bakthavatchalam v. State Of Tamil Nadu

2022-07-01Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.15847 and 15848 of 2022 C.Bakthavatchalam ... Petitioner Vs.

1.State of Tamil Nadu Represented by the Secretary to Government, Adhidravidar and Tribal Welfare Department, Fort St.George, Chennai - 600 009.

2.Adi Dravidar and Tribal Welfare Directorate Represented by its Commissioner Ezhilagam Annexe Building, 1st Floor, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.District Collector, Kancheepuram, Vandavasi Road, 4.District Revenue Officer, 1/6

5.Revenue Divisional Officer, 6.The Special Tahsildar Adhidravidar and Tribal Welfare Department Taluk Office Compound, Kancheepuram - 631 501.

7.Tahsildar Uthiramerur Taluk, Tamil Nadu - 603 406.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to re-convey the lands comprised in Survey No.17/4 (0.45 Acres), 18/1 (0.35 Acres), 18/2 (0.40 Acres) and 18/3 (0.19 Acre) of Ammaiyappa Nallur Village, Uthiramerur Taluk, Kancheepuram and consequentially restrain the respondents 2-7 from delivery the house sites / lands situated within the above said survey numbers to the beneficiaries belonging to nonScheme, 1979. 2/6

For Petitioner : Mr.K.M.Mrithun Jayan For Respondents : Mr.G.Krishna Raja Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to re-convey the lands comprised in Survey No.17/4 (0.45 Acres), 18/1 (0.35 Acres), 18/2 (0.40 Acres) and 18/3 (0.19 Acre) of Ammaiyappa Nallur Village, Uthiramerur Taluk, Kancheepuram and to consequentially restrain the respondents 2-7 from delivering the house sites / lands situated within the above said survey numbers to the beneficiaries belonging to nonScheme, 1979. 2.The learned counsel appearing for the petitioner submitted that the petitioner's lands were acquired under the Harijan Welfare Scheme. The learned counsel further submitted that he is not pressing the first limb of the prayer sought for in this writ petition, however, since the respondents 2 to 7 are taking effective steps for delivering 3/6

the acquired house sites / lands to the beneficiaries belonging to nonScheme, liberty may be granted to the petitioner to file appropriate application before appropriate Forum.

3.In view of the above, this writ petition stands disposed of with liberty to the petitioner to work out the remedy in the manner known to law. No costs. Consequently, the connected miscellaneous petitions are closed.

01.07.2022 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 4/6

To 1.The Secretary to Government, Adhidravidar and Tribal Welfare Department, Fort St.George, Chennai - 600 009.

2.Adi Dravidar and Tribal Welfare Directorate Represented by its Commissioner Ezhilagam Annexe Building, 1st Floor, Kamarajar Salai, Chepauk, Chennai - 600 005.

3.The District Collector, Kancheepuram, Vandavasi Road, 4.The District Revenue Officer, 5.The Revenue Divisional Officer, 6.The Special Tahsildar Adhidravidar and Tribal Welfare Department Taluk Office Compound, Kancheepuram - 631 501.

7.The Tahsildar Uthiramerur Taluk, Tamil Nadu - 603 406.

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M.DHANDAPANI,J.

pri And W.M.P.Nos.15847 and 15848 of 2022 01.07.2022 6/6