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Madras High CourtWP/18313/2014disposed of

Chinnian, v. The State Rep. By Secretary To

2021-08-02Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.18313 of 2014

1. Chinnian

2. Ramakannu

3. Chinnakannu

4. Marimuthu

5. Kannan

6. Angammal

7. C.Karuppan

8. M.Karuppayi

9. Sadaiyan ... Petitioners -Vs1.The State represented by The Secretary to Government, Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai - 600 009.

2.The District Collector, Salem District, Salem.

3.The Revenue Divisional Officer, Attur, Salem District.

4.The Tashildar, Attur Taluk, Salem District.

5. Arijunan

6. Pavayee

7. Dhanavel

8. Santhi

9. Neelavathi

10. Rajaval

11. Bama

12. Rajendran

13. Mohankumar

14. Ganesan

15. Sakthivel

16. Palaniyappan

17. Prakash

18. Amutha

19. Selvaraj

20. Ravi

21. Perumal

22. Muthulakshmi

23. Kamaravel

24. Kamalam

25. Kanagaraj

26. Kandasamy

27. Kannan

28. Papu

29. Palaniyappan

30. Santhi

31. Kanagarathinam ... Respondents Prayer :- Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the third respondent to consider the representation of the petitioners' dated 25.02.2013 in view of the order passed by this Court in W.P.No.12184 of 2011 dated 18.01.2013 and consequently direct the fourth respondent to issue patta in favour of the petitioners.

For Petitioners :

Mr.M.Rajendiran For Respondents For R1 to R4 :

* M/s.R.Richardson Wilson Government Advocate For R5 to R31 :

* Mr.C.Selvaraj, Senior Counsel Asst. by Mr.P.Ganesan, for M/s.C.S.Associates

ORDER

The Writ Petition has been filed to direct the third respondent to consider the petitioners' representation dated 25.02.2013 in view of the order passed by this Court in W.P.No.12184 of 2011 dated 18.01.2013 and consequently direct the fourth respondent to issue patta in favour of the petitioners.

2.

Heard Mr.M.Rajendiran, learned counsel appearing for the petitioners, * Mr.Richardson Wilson, Government Advocate appearing for the respondents 1 to 4 Mr.C.Selvaraju, learned Senior Counsel appearing for the respondents * 5 to 31.

3.

It is seen from the records that this Court by an order dated 18.01.2013 in W.P.No.12184 of 2011, directed the petitioners to approach the third respondent with an application to implead them as parties to the proceeding in Na.Ka.No.2624/2004/A1, with regard to issuance of patta. As directed by this Court, the petitioners filed impead petition before the third respondent on 25.02.2013. Since the same was not considered by the third respondent, the petitioners approached this Court with the above said prayer. 4.

Without going into the merits of the case, the third respondent is directed to consider the petitioners' representation dated 25.02.2013 and pass final orders on the patta cancellation proceedings, after giving opportunity of hearing to the parties concerned and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order, if not already disposed of.

5.

With the above directions, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

Sd/- Assistant Registrar(CS VIII) dt : 31/08/2021 * corrected order as per order of this Court dated 29/09/2021 for being mentioned made in W.P.No.18313 of 2014 Sd/- Deputy Registrar(CS) dt : 01/11/2021 //True Copy// Sub Assistant Registrar rts To 1.The Secretary to Government, The State of Tamil Nadu Adi Dravidar & Tribal Welfare Department, Secretariat, Chennai - 600 009.

2.The District Collector, To be Substituted to the order Salem District, Salem.

order already despatched on 20/09/2021 3.The Revenue Divisional Officer, Attur, Salem District.

4.The Tashildar, Attur Taluk, Salem District.

+1cc to Mr.M.Rajendran, Advocate Sr No.37844 +1cc to M/s.C.S.Associates Sr No.38218 +1cc to Government Pleader Sr No.37712 *1cc to M/s.P.Ganesan for C.S.Associates Sr No.50358 W.P.No. 18313 of 2014 JPL (CO) PR (02/09/2021) PR (12/11/2021)