Kavitha, v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.9292 of 2015

1. Kavitha

2. Kuppammal

3. Selvi

4. Vimala

5. Yasodha

6. Santhi

7. Valliammal

8. Mythili ... Petitioners vs.

1. The Principal Secretary to Government, Adi Dravidar Welfare Department, Fort St. George, secretariat, Chennai - 600 009

2. The District Collector, Collector Office, Erode - 11. Erode District

3. The Special Tahsildar, Adi Dravidar Welfare, Erode, Erode District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a issuance of Writ of Mandamus directing the 2nd respondent to issue free patta to the petitioners in the land acquired in Survey No.390/17 and 390/18 in Poondhurai Semur Village, Erode Taluk and District as per the recommendations of the 3rd respondent dated 13.09.2010.

For Petitioners : Mr.Durai Gunasekaran For Respondents : Mr.S.Gunasekaran Government Advocate

O R D E R Heard Mr.Durai Gunasekaran, learned counsel appearing for the petitioners and Mr.S.Gunasekaran, learned Government Advocate appearing for respondents and perused the materials placed on record. With the consent on either side, the Writ Petition itself is taken up for final disposal at the admission stage.

2. The petitioners have filed this Writ Petition praying for a issuance of Writ of Mandamus to direct the 2nd respondent to issue free patta to them in the land acquired in Survey Nos.390/17 and 390/18 in Poondhurai Semur Village, Erode Taluk and District as per the recommendations of the 3rd respondent dated 13.09.2010.

3. According to the petitioners the lands in Survey Nos. 390/17 and 390/18 was acquired for the purpose of providing house sites to the Adi Dravidars and the same was published in the Erode District Gazette on 11.03.1997. Thereafter, the 2nd and 3rd respondents taken steps to identify the beneficiaries. Accordingly, after due enquiry, the 3rd respondent based on the report of the officials, identified 18 persons for issuing free house site patta and in that beneficiaries list, the petitioners name also finds place.

4. It is the further case of the petitioners that they belong to Scheduled Caste Community and none of the petitioners have lands in their name or in any one of the family members and they are doing coolie work.

5. The grievance of the petitioners is that though the 3rd respondent has sent a report to the 2nd respondent in the year 2010, there is no outcome for the report.

6.In the light of the above, there will be a direction to the 2nd respondent to consider the recommendation of the 3rd respondent dated 13.09.2010 for grant of free house site patta and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order.

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

Sd/- Asst.Registrar (AD I) /true copy/ Sub Asst. Registrar ssd To

1. The Principal Secretary to Government, Adi Dravidar Welfare Department, Fort St. George, secretariat, Chennai - 600 009

2. The District Collector, Collector Office, Erode - 11. Erode District

3. The Special Tahsildar, Adi Dravidar Welfare, Erode, Erode District.

1 cc to Government Pleader, Sr. 18363 W.P.No.9292 of 2015 PPA (CO) kk 27/4