Nehru Magalir Mandram v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 3.9.2015
CORAM:
THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.24277 of 2012 Nehru Magalir Mandram rep. by its President K.Panjali
...Petitioner
vs.
1. District Collector, Villupuram Dist.
2. The Special Tahsildar, Land Acquisition, Villupuram.
3. The Tahsildar, Adi Dravidar Welfare, Villupuram.
4. The Commissioner, Adi Dravidar Welfare, Chennai-5.
5. The District Adi Dravidar Welfare Officer, Villupuram.
...Respondents
Prayer: Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to allot free house sites and to grant pattas to the 177 beneficiaries, as per the list of the 3rd respondent, dated 16.6.1998. For petitioner : M/s.Sai Bharath and Ilan For respondents : Mr.R.Ravichandran, AGP
O R D E R
Heard the learned counsels appearing on behalf of the parties concerned.
2. At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner-Association had submitted that the 3rd respondent, by a list, dated 16.6.1998, had shortlisted the beneficiaries, who are Adi Dravidars, for the allotment of free house site pattas, in Thumbur village, Villupuram Taluk and District. However, no action had been taken by the respondents, till date, in spite of several representations having been made by the petitioner-Association.
3. It has also been stated that the respondents are attempting to allot the free house site pattas to ineligible persons, without allotting them to the eligible persons, as per the list published by the 3rd respondent, dated 16.6.1998. In such circumstances, the petitioner- Association has filed the present Writ Petition, under Article 226 of the Constitution of India.
4. Paragraph No.5 of the counter affidavit filed on behalf of the respondents, reads as follows:- "5. It is submitted that, after the disposal of the writ petition No.8088/1999 the department took steps to finalize the list of beneficiaries to provide house site pattas to them. There are various representations from the beneficiaries listed earlier that many of the beneficiaries were moved from the said village due to the course of Employment. Therefore the department is unable to locate the beneficiaries and making arrangements to find out the suitable beneficiaries to provide house pattas."
5. The learned counsel appearing on behalf of the respondents had submitted that appropriate steps are being taken to identify the beneficiaries, who are Adi Dravidars, for the allotment of free house site pattas, in Thumbur village, Villupuram Taluk and District. Since certain persons had moved out of the village due to their employment, the respondents are trying to identify the beneficiaries for the allotment of the free house site pattas. The learned counsel had further submitted that the identification process of the beneficiaries would be completed, as soon as possible, and free house site pattas would be granted to the beneficiaries concerned.
6. In view of the submissions made by the learned counsel appearing on behalf of the respondents and in view of the averments made in paragraph No.5 of the counter affidavit filed on behalf of
the respondents, this Court finds it appropriate to direct the respondents to take appropriate steps to identify the beneficiaries, who are Adi Dravidars, eligible for the allotment of free house site pattas, in Thumbur village, Villupuram Taluk and District, as early as possible, not later than six months from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gs.
To
1. The District Collector, Villupuram Dist.
2. The Special Tahsildar, Land Acquisition, Villupuram.
3. The Tahsildar, Adi Dravidar Welfare, Villupuram.
4. The Commissioner, Adi Dravidar Welfare, Chennai-5.
5. The District Adi Dravidar Welfare Officer, Villupuram.
1 CC to the Government Pleader, SR.No. 48115 WP 24277 of 2012 RJ (CO) PSI (07.09.2015)