V.S.Jahanathan v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2016

CORAM

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM Writ Petition No.7375 of 2015 V.S.Jahanathan ... Petitioner Vs.

1. The State of Tamil Nadu, rep. by its Secretary, Schedule Cast Welfare Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Villupuram District, Villupuram.

3. The Land Acquisition and Special Tahsildar ( SCW) Tindivanam & Taluk, Villupuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to re-convey the land acquired by the respondents situate at Venganthur Village, Tindivanam Taluk, Villupuram District, comprised in Ayyan Punja Survey Nos.181/1-0.22.5, 181/6 - 0.06.5, 181/7 - 0.21.0, 181/8- 0.48.0, 182/16 - 0.03.5, 181/17 - 0.09.5, hectares, in all, totaling an extent of 1.11.0 hectares as demanded on the petitioner's representation, dated 12.01.2015.

For Petitioner : Mr.R.Thanjan For Respondents : Mr.R.Rajeswaran Special Government Pleader

O R D E R

The petitioner has sought for re-conveying the land, acquired by the respondents, viz., the land, comprised in Ayyan Punja Survey Nos.181/1-0.22.5, 181/6 - 0.06.5, 181/7 - 0.21.0, 181/8- 0.48.0, 182/16 - 0.03.5, 181/17 - 0.09.5, hectares,

totaling an extent of 1.11.0 hectares, situate at Venganthur Village, Tindivanam Taluk, Villupuram District, on the basis of the petitioner's representation, dated 12.01.2015. 2.

Heard the learned counsels appearing for the respective parties.

3.

According to the petitioner, the land was acquired from him, about 18 years back, under the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978. The petitioner's case is that, for 18 years, the land has not been utilized for the so called scheme, and he has been suffering, as his meager land holdings has been taken away. In this regard, the petitioner has made a representation, dated 12.01.2015. Since the said representation has not been considered, the petitioner is before this Court with this Writ Petition. 4.

Though the matter is pending from March, 2015, no counter affidavit has been filed by respondents 2 and 3 so far. Hence, there will be a direction to the third respondent to consider the petitioner's representation on merits and in accordance with law, and pass a reasoned order, and communicate the same to the petitioner. The said exercise shall be completed by the third respondent within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to enclose a copy of this order and the copy of his representation and forward the same to the third respondent, so as to enable the third respondent to comply with the direction issued to him.

5.

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

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sd To

1. The Secretary, Schedule Cast Welfare Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Villupuram District, Villupuram.

3. The Land Acquisition and Special Tahsildar ( SCW) Tindivanam & Taluk, Villupuram District.

+1cc to Mr.R.Thanjan, Advocate, S.R.No.12298 Writ Petition No.7375 of 2015 SV(CO) CA(10/03/2016)