Jayabharath.P v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.23617 of 2025 Jayabharathi P ... Petitioner Vs.
1. The State of Tamil Nadu, Rep. by the Secretary to Government, Adi Dravidar & Tribal Welfare Department, Fort St. George, Chennai - 600 009.
2. Adi Dravidar & Tribal Welfare Directorate, Rep. by its Commissioner, Ezhilagam Annexe Building, 1st Floor, Kamarajar Salai, Chepauk, Chennai - 600 005.
3. The District Collector, Kanchipuram District, Kanchipuram - 631 501.
4. The District Revenue Officer, Collector Office Campus, Kanchipuram District, Kanchipuram - 631 501.
5. The District Adi Dravida & Tribal Welfare Officer, Collectorate Campus, Kanchipuram - 631 501.
6. The Special Tahsildar, Adi Dravidar & Tribal Welfare Department, Taluk Office Compound, Kanchipuram - 631 501.
7. The Tahsildar, Uthiramerur - 603 406, Kanchipuram District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the third respondent to consider and pass orders on the petitioner's representation dated 03.03.2025, made for taking action against the illegal allotment of plots to the persons who are not belonging to the SC/ST community and those who are not eligible for allotment in respect of the lands comprised in Survey No.17/4A, measuring Ac.0.45 cents; Survey No.18/1, measuring Ac.0.35 cents; Survey No.18/2, measuring Ac.0.40 cents and Survey No.18/3, measuring Ac.0.19
cents, in all admeasuring to an extent of Ac.1.39 cents, situated at Ammaiyappanallur Village, Uthiramerur Taluk, Kanchipuram District under the Tamil Nadu Acquisition of Lands for Harijan Welfare Scheme Act, 1978 within a time frame and till such time, to keep the lands as vacant. For Petitioner :
Mr.L.Chandrakumar For Respondents :
Mr.A.Selvendran Special Government Pleader
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing third respondent to consider the representation submitted by petitioner on 03.03.2025.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. It is submitted by learned counsel for petitioner that agricultural lands comprised in Survey Nos.17, 18, 19 & 21 situated at Ammaiyappanallur Village, Uthiramerur Taluk, Kancheepuram District are
ancestral property. The legal heirs have succeeded to the above said lands. While so, a portion of the above lands comprised in Survey Nos.17/4A, 18/1, 18/2 & 18/3 measuring an extent of 0.45 cents, 0.35 cents, 0.40 cents & 0.19 cents, in all admeasuring an extent of Ac.1.39 cents, were acquired by respondents sometime in the year 1983 vide G.O.(Ms)No.957 dated 08.03.1984 for the purpose of providing house sites to the landless poor Harijan people under the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act, 1978.
4. It is further submitted by learned counsel for petitioner that the lands which were acquired by respondents were allotted to the persons, who were ineligible for such allotment. Petitioner thus submitted a representation dated 03.03.2025 against the illegal allotment. Since the same was not considered, the present writ petition has been filed.
5. Learned Special Government Pleader for respondents on instructions submits that as a matter of fact allottees belong to SC/ST
community and the allotment has been made only to those who were found to be eligible. In any view, learned Special Government Pleader would further submit that third respondent would conduct an enquiry after affording opportunity to petitioner and any other interested parties and the representation would be considered and orders will be passed within the time frame to be fixed by this Court.
6. Taking into consideration the facts and circumstances of the case and the submissions made on either side, there shall be a direction to third respondent to act upon the representation made by the petitioner on 03.03.2025 and conduct enquiry by issuing notice to petitioner and any other interested parties / rival claimants, if any and affording an opportunity of hearing to petitioner and any other interested parties / rival claimants and orders shall be passed on its own merits and in accordance with law within a period of sixteen weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is open to petitioner to submit any further representation in view of the instructions now being furnished. It
is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to third respondent to consider the case on its own merits and in accordance with law.
7. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 17.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To
1. The Secretary to Government, State of Tamil Nadu, Adi Dravidar & Tribal Welfare Department, Fort St. George, Chennai - 600 009.
2. The Commissioner, Adi Dravidar & Tribal Welfare Directorate, Ezhilagam Annexe Building, 1st Floor, Kamarajar Salai, Chepauk, Chennai - 600 005.
3. The District Collector, Kanchipuram District, Kanchipuram - 631 501.
4. The District Revenue Officer, Collector Office Campus, Kanchipuram District, Kanchipuram - 631 501.
5. The District Adi Dravida & Tribal Welfare Officer, Collectorate Campus, Kanchipuram - 631 501.
6. The Special Tahsildar, Adi Dravidar & Tribal Welfare Department, Taluk Office Compound, Kanchipuram - 631 501.
7. The Tahsildar, Uthiramerur - 603 406, Kanchipuram District.
MOHAMMED SHAFFIQ, J.
vji and W.M.P.No.23617 of 2025 17.06.2025