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Madras High CourtWP/16396/2018disposed of

Vellayan, v. The District Collector,

2018-12-19Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.12.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.16396 of 2018 Vellayan .. Petitioner Vs.

1. The District Collector, Villupuram District, Villupuram.

2. The Director, Adi Dravidar Welfare Department, Chennai - 600 005.

3. The District Schedule Caste/Scheduled Tribe Welfare Officer, Villupuram, Villupuram District.

.. 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 petitioner's representations dated 24.02.2014 given before the 1st respondent and 02.05.2015 given before the 2nd respondent to hand over his land viz. Comprised in survey No.18/9 measuring to an extent of 18 acres (45 cents) situated at Thazhvellar Village, Vellimalai Post, Chinna Salem Taluk, Villupuram District. For Petitioner : Mr.R.Prabudoss For Respondents : Mr.N.Inbanathan, Additional Government Pleader

O R D E R

This writ petition has been filed seeking a direction to the respondents to consider petitioner's representations dated 24.02.2014 and 02.05.2015 to hand over his land comprised in survey No.18/9 measuring to an extent of 18 ares (45 cents) situated at Thazhvellar Village, Vellimalai Post, Chinna Salem Taluk, Villupuram District.

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2. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 24.02.2014 to the first respondent requesting to hand over his above said land, which was occupied by the school authority. As there was no response, the petitioner submitted a representation on 02.05.2015 to the second respondent, who in turn, forwarded the same to the third respondent directing them to conduct a spot enquiry, but, the same is yet to be disposed of by the third respondent. Hence, the petitioner is before this Court.

3. Heard Mr.R.Prabudoss, learned counsel appearing on behalf of the petitioner and Mr.N.Inbanathan, learned Additional Government Pleader appearing on behalf of the respondents.

4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the respondents to consider the petitioner's representations dated 24.02.2014 and 02.05.2015 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of five weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. No costs.

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

1. The District Collector, Villupuram District, Villupuram.

2. The Director, Adi Dravidar Welfare Department, Chennai - 600 005.

3. The District Schedule Caste/Scheduled Tribe Welfare Officer, Villupuram, Villupuram District.

+1 cc to Mr.R.Prabudoss, Advocate, S.R.No.88772 EV(CO) W.P.No.16396 of 2018 SSM(09/01/2019) https://hcservices.ecourts.gov.in/hcservices/