R.Rajamani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.17981 OF 2021 R. Rajamani .. Petitioner (cause title amended as per the order of this court dated 06.09.2021 in WMP. No.19665 of 2021)

Versus

1. The District Collector Salem District

2. The Adi Dravidar and Tribunal Welfare Department Salem District

3. The District Revenue Officer Salem District

4. The District Revenue Commissioner Salem District

5. The Special Tahsildar (Adi Dravidar Welfare) Salem District

6. The Tahsildar Salem South Taluk Salem District .. Respondents This Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 to 5 herein to consider the representation of the petitioner dated 26.07.2021 For Petitioner :

Mr. R. Sathish Kumar For Respondents :

Mr.Stalin Abhimanyu Government Counsel

ORDER

Mr.Stalin Abhimanyu, learned Government counsel, takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

2.

It is the case of the petitioner that the fifth respondent had granted free house plot patta to 226 families in Veerapandi village in S.No.96/1 on 26.08.2004 and the petitioner was allotted plot no.1, measuring to an extent of 800 sq.ft. However, they have not been able to take possession of the property, for want of proper access to the same. Several requests were made to the respondents for providing a pathway for access to the allotted property. Based on the same, the fourth respondent by communication in Na.Ka.No.17225/2017/D8 dated 10.04.2008, directed the respondents 5 and 6 to sent a detailed report regarding the pathway to be provided to the Adi dravidars community of the Veerapandi village.

Pursuant to the same, the fifth respondent issued a notice under section 4(2) of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, for acquiring the land in S.No.98/1B2 Part, measuring to an extent of 0.08.5 Hectares in Veerapandy village, Salem (south) Taluk, Salem District, for the purpose of providing pathway to adi dravidars. Thereafter, nothing moved in this regard. Therefore, the petitioner sent a representation dated 26.07.2021 to the respondents requesting to provide pathway for the access to the property allotted in Veerapandy village at the earliest, which was kept pending till date, without any action. Finding no other alternative, she has come up with this writ petition seeking appropriate direction to the respondents in this regard.

3.

Heard both parties. Considering the limited relief sought in this writ petition, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 26.07.2021 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

4.

With the aforesaid direction, this Writ Petition is disposed of. No costs.

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

To

1. The District Collector Salem District

2. The District Revenue Officer Salem District

3. The District Revenue Commissioner Salem District

4. The Adi Dravidar and Tribunal Welfare Department Salem District

5. The Special Tahsildar (Adi Dravidar Welfare) Salem District

6. The Tahsildar Salem South Taluk Salem District +1cc to Mr.R.Sathish Kumar, Advocate, S.R.No.45047 +1cc to the Government Pleader, S.R.No.45194 W.P. No. 17981 of 2021 VSN II(CO) PM/11/10/2021