Sundaram, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.5265 of 2015 Sundaram

...Petitioner

Vs

1. The State of Tamilnadu rep. By its Secretary Revenue Department, Fort. St.George, Chennai- 9

2. The District Collector, Salem District, Salem.

...Respondents

Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 30.03.2013 by issuing house patta to the petitioner's hut on humane consideration in accordance with law.

For Petitioner :

Mr.R.Sankarasubbu For Respondents :

Mr.M.L.Mahendran Government advocate

O R D E R

Heard Mr..R.Sankarasubbu, learned counsel appearing for the petitioner and Mr.M.L.Mahendran, learned Government advocate appearing for the respondents. With the consent of either side, the Writ Petition itself is taken up for final disposal at the admission stage.

2.The Petitioner seeks for a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 30.03.2013 and grant patta to the people belonging to the Adi Dravidar community, who are living in small huts in Mallur Post, Salem District. The petitioner would state that the hut dwellers are residing in the said area for more than 5 decades and they submitted a representation to the 2nd respondent and it has been forwarded to the Revenue Divisional Officer and Tahsildar to enumerate the hut dweller and assign the land.

3.It is stated that thereafter, no further proceedings have taken place. Further, the petitioner would place reliance on the Government orders in G.O.Ms.No.80 dated 07.07.2006 and G.O.Ms.No.94 dated 28.07.2008. It is further submitted that the land now identified by the petitioner and others is a Government Poramboke land and there can be no objection in granting house site to the petitioner.

4.In the light of the above, the 2nd respondent is directed to consider the petitioner's representation by calling for necessary reports from the Revenue Divisional Officer and the Tahsildar and pass appropriate orders on merits and in accordance with law within a period of three months from the date of receipt of copy of this order.

With the above observation, this petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ssd To

1. The Secretary to the Government of Tamilnadu, Revenue Department, Fort. St.George, Chennai- 9

2. The District Collector, Salem District, Salem.

1 CC to Mr.R.Sankarasubbu, Advocate SR.No. 11002 1 CC to the Government Pleader, SR.No. 11290 W.P.No.5265 of 2015 SR (CO) PSI (10.03.2015)