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Madras High CourtWP/7268/2014disposed of

T.Ramasamy v. The District Collector

2020-09-15Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.7268 of 2014 and M.P.No.1 of 2014 1.Ramasamy 2.Thundikaran 3.Munusamy 4.Palanivel 5.Venkatesan 6.Selvarasu ... Petitioners Vs.

1. The District Collector, Cuddalore District.

2. The District Adi-Dravida and ribes Welfare Officer, Cuddalore.

3. The Special Tahsildar (Adi Dravida Welfare), Virudhachalam, Cuddalore District.

... Respondents Petition filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents 1 & 2 to take action on the petition/complaint given to them on 27.01.2014, 26.02.2014 by conducting independent enquiry either by themselves or through high officials without involving the 3rd respondent against whom the complaints were made, take action on the same, take steps to issue patta to the petitioners, whose names were identified way back in 2009 and issue patta to the petitioners in the 5 acre and 75 cents of land acquired in Ko.Kothanur Village, Virudhachalam Taluk, demark the land and hand over the same to the petitioners who form part of 105 beneficiaries within a time frame.

For Petitioners : Ms.Raji for Mr.S.Saravana Kumar For Respondents : Mrs.K.Bhuvaneswari, Additional Government Pleader

O R D E R

The petitioners have filed the above Writ Petition to issue a Writ of Mandamus directing the respondents 1 & 2 to take action on the petition/ complaint dated 27.01.2014 and 26.02.2014 by conducting independent enquiry without involving the 3rd respondent against whom the complaints were made and to take action on the same. Further, to take steps to issue patta to the petitioners, whose names were identified way back in 2009 and issue patta to the petitioners in the 5 acre and 75 cents of land acquired in Ko.Kothanur Village, Virudhachalam Taluk and demark the land and hand over the same to the petitioners who form part of 105 beneficiaries within a time frame. 2.When the Writ Petition was taken up for hearing, Ms.Raji, learned counsel appearing for the petitioners submitted that instead of deciding the prayer sought for in the Writ Petition, it would be suffice to direct the 2nd respondent to decide the petitioners' complaints dated 27.01.2014 and 26.02.2014 and pass orders, in accordance with law, after giving notice to the 3rd respondent.

3.Mrs.K.Bhuvaneswari, learned Additional Government Pleader appearing for the respondents submitted that the 2nd respondent may be directed to consider the petitioners' complaints and pass orders, after giving notice to all the interested parties. 4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the learned counsel for the petitioners, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioners' representations dated 27.01.2014 and 26.02.2014 and pass orders, on merits and in accordance with law, after giving notice to all the interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The District Collector, Cuddalore District.

2. The District Adi-Dravida and Tribes Welfare Officer, Cuddalore.

3. The Special Tahsildar (Adi Dravida Welfare), Virudhachalam, Cuddalore District.

+1cc to the Government Pleader, Sr.No.30268 +1cc to Mr.S.Saravanakumar, Advocate, Sr.No.30182 W.P.No.7268 of 2014 and M.P.No.1 of 2014 vg ii(co) rr ii (30/09/2020)