Perumal, 69 Years, v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.03.2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.31738 of 2013 1.Perumal 2.Rengasamy 3.Karunanidhi 4.Malarkodi 5.Sheela Devi 6.Ravi Kumar 7.Rajkumar 8.Saroja 9.Chitra 10.Thangam 11.Valliammai 12.Panneerselvam 13.Selvi 14.Karuppaiah 15.Selvakumar 16.Chandra 17.Singaram 18.Govindasamy 19.Sarasu 20.Lawrence 21.Arokiyaraj 22.Jayakodi 23.Mohanavel 24.Rajakumari 25.Jayalakshmi 26.Azhagu Vel 27.Selvarani 28.Amudha 29.Rajeswari 30.Manimekalai 31.Ramasamy 32.Vasuki 33.Sellam 34.Lakshmi 35.Banumathi 36.Balamurugan 37.Selvamani 38.Kalaiyarasi 39.Tamilarasi 40.Velmani 41.Balusamy
42.Arulselvam 43.Murali 44.Natarajan 45.Rengasamy 46.Mayakrishnan 47.Ravi Kumar 48.Anand 49.Santhosh 50.Palaniammal 51.Veerammal 52.Mani 53.Lilly 54.Vasantha 55.Rajamani 56.Chandramohan 57.Durai Raj 58.Srinivasan 59.Nallaselvam 60.Chandra 61.Raja 62.Selvaraj 63.Jothi 64.Sathyakala 65.Ramachandran 66.Kattu Rani 67.Sundaravel 68.Senthil Pandi 69.Perumal 70.Muthulakshmi 71.Kavitha 72.Devaraj 73.Thanga Nila 74.Prabhakaran 75.Anbalagan 76.Pachaiyammal 77.Duraisamy 78.Saroja 79.Marudhambal 80.Selvi 81.Dhanam 82.Kolanji 83.Vellaiyammal 84.Chinnammal 85.Kannan 86.Selvi 87.Peraiyasamy 88.Jamuna 89.Chellammal 90.Jothiammal 91.Kumaravel 92.Kamatchi
93.Thilagam 94.Amudha 95.Vembu 96.Meena 97.Rengaraj 98.Radha 99.Selvakumari 100.Tamilarasi 101.Kalaiselvi 102.Padma 103.Ponnusamy 104.Poongodi 105.Rani 106.Panjavarnam 107.Maruthayi 108.Kolanji 109.Suganeswaran 110.Duraisamy 111.Rukmani 112.Ramachandran 113.Dhanalakshmi 114.Shanthi 115.Jaya 116.Ramasamy 117.Thavamani 118.Kumar 119.Chinnammal 120.Chinnasamy 121.Guruvammal 122.Kumar 123.Selvam 124.Manonmani 125.Sathish 126.Parimala 127.Jayarani 128.Selvam 129.Palaniammal 130.Santhosam 131.Krishnamurthy 132.Pitchai Ammal 133.Angamuthu 134.Anbuchelvi 135.Varadaraj 136.Kalaiyarasan 137.Chinnammal 138.Vasanthi 139.Francis ... Petitioners Vs.
1.The State of Tamilnadu, rep. by its Secretary to the Government Adi-Dravida Welfare Department Fort St.George, Chennai 600 009.
2.The Collector Perambalur 621 212.
3.The Special Tahsildar (ADW) Perambalur.
... Respondents Prayer:
Petition filed under section 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein, especially the third respondent, to consider the representation dated 16.09.2013 and hand over possession of their respective plots to the petitioners herein.
For Petitioner : Mr.R.Selvakumar For Respondents : Mr.M.L.Mahendran Government Advocate
O R D E R
Heard Mr.R.Selvakumar, learned counsel appearing for the petitioner and Mr.M.L.Mahendran, learned Government Advocate appearing for the respondents.
2.Petitioners have filed this writ petition seeking issuance of Writ of Mandamus directing the respondents herein, especially the third respondent, to consider the representation dated 16.09.2013 and hand over possession of their respective plots to them. 3.According to the petitioners, they are persons belonging to Adi Dravidar Community living in and around the Venbavoor Village, Veppanthattai Taluk, Perambalur District. During 1984, Government acquired lands in S.Nos.62 and 64 of Venbavoor Village for alloting house-sites to the Adi Dravidars. The said land has been divided into 233 plots out of which 142 plots had been allotted to the beneficiaries by granting patta to an extent of 3 cents each out of which 139 beneficiaries are the petitioners herein. 4.The petitioners would submit that the rank given in the writ petition corresponds to the patta number except in so far as the patta holders in plot nos.10, 75 and 76 respectively, namely, Thangaraj, Govindaraj and Duraisamy to whom possession of the plots has already been handed over by the third respondent.
5.It is submitted that the land owners have failed in all their attempts to set aside the acquisition proceedings and the writ petitions and the writ appeals filed by them has been dismissed and the acquisition has attained finalty. It is submitted that three of the patta holders, namely, Duraisamy(Patta/Plot No.76), Govindaraj (Patta/Plot No.75) and Thangaraj (Patta/Plot No.10) moved this Court by filing writ petitions in W.P.Nos.20637 of 2011, 8757 of 2010 and 10635 of 2010 and after the disposal of the writ petitions, they have filed contempt petitions in Cont.P.Nos.1374 of 2010, 984 of 2013 and 985 of 2013 and the contempt petitions were heard and the same were closed since already the plots were handed over to the respective beneficiaries. In the instant case, the petitioners seek for similar directions.
6.In the light of the fact that already in the earlier writ petitions, the fact that the 142 beneficiaries have already been granted patta was taken note of by this Court and appropriate directions were issued, there cannot any difficulty for the respondents to hand over possession of the plots to the writ petitioners if they have already been granted patta. 7.In the light of the above, there will be a direction to the third respondent to consider the petitioners' representation dated 16.09.2013, verify the details stated by the petitioners and if they are all persons who are beneficiaries already selected and patta has already been issued to them, then necessary action shall be taken by the third respondent to consider their request for handing over possession of the respective plots in accordance with law. The above direction shall be complied with, within a period of four months from the date of receipt of a copy of this order.
8.The writ petition is disposed of with the above observations. No costs.
Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.The Secretary to the Government Adi-Dravida Welfare Department Fort St.George, Chennai 600 009.
2.The Collector Perambalur 621 212.
3.The Special Tahsildar (ADW) Perambalur.
+1 cc to Mr.R.Selvakumar, Advocate,SR.15391 + 1 cc to Government Pleader,SR.14774.
nm(co) krd 30/3 W.P.No.31738 of 2013