Tamilselvan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Tamilselvan .. Petitioner Vs The State, rep. by 1.The Principal Secretary, Revenue Department, St. George Fort, Secretariat, Chennai - 600 009.
2.The Commissioner, Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, O/o District Collector Office, 4.The Commissioner, Corporation of Salem,
5.The Revenue Divisional Officer, O/o The Revenue Divisional Officer, 6.The Thashildar, O/o Thashildar, Hasthampatti Salem, Salem District - 07.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the respondents to restore the land in Survey No.51, 64, 66, 102/11, 104/1, 104/2, 104/3, 104/4, 104/5, 104/6, 104/7, 104/8, 104/9, 104/10, 104/11. 99 situated at Thathampatti Village, Salem District which has been encroached by other than Scheduled Caste and handover the same to the poor Dalits in the light of G.O.Ms.No.357 dated 08.10.2015 issued by the first respondent pursuant to petitioner's representation dated 09.01.2023.
For the Petitioner : Mr.R.Thirumoorthy For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Spl. Government Pleader for respondents 1 to 6
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.R.Thirumoorthy, learned counsel for the petitioner, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents.
2. The grievance of the petitioner is that the lands, which are detailed in the writ petition to the extent of 16 acres, are allotted to the Schedule Caste and Scheduled Tribe people and the same are to be used for their welfare.
3. Learned counsel for the petitioner refers to the order passed by a Division Bench of this Court dated 12.08.2015 in W.P.No.24818 of 2015 (Arungunam S.Vinayagam v. The State Government of Tamilnadu, rep. by its Chief Secretary/Vigilance Commissioner, St. George Fort, Secretariat, Chennai and others) to suggest that this Court had directed constitution of a Committee to
verify the position of allotment of land in different Districts to ensure that the beneficiaries actually get the land. Pursuant thereto, the Government Order was issued on 8.10.2015 constituting the Committee.
4. The instructions of the learned State Government Pleader are otherwise.
5. The petitioner may approach the Committee constituted under the Government Order dated 8.10.2015 by making a comprehensive representation.
If such comprehensive representation is made giving details of the land allotted to the SC/ST and the instances where they were dispossessed and/or those lands were occupied by the non-SC/ST, then the Committee constituted under the Government Order dated 8.10.2015 shall consider the same on its own merits and in accordance with law and take a decision, preferably within a period of nine months from the date of the representation made.
6. With the above observation, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 14.07.2023 Index :
Yes/No :
Yes/No bbr To 1.The Principal Secretary, Revenue Department, St. George Fort, Secretariat, Chennai - 600 009. 2.The Commissioner, Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, O/o District Collector Office, Salem District. 4.The Commissioner, Corporation of Salem, Salem District.
5.The Revenue Divisional Officer, O/o The Revenue Divisional Officer, 6.The Thashildar, O/o Thashildar, Hasthampatti Salem, Salem District - 07.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
bbr 14.07.2023