M.Devi v. The Dist. Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2018
CORAM
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.24993 of 2013 & M.P.No.1 of 2013 M.Devi
...Petitioner
Vs.
1. The District Collector, Coimbatore District, Coimbatore.
2. The District Adi Dravida Welfare Officer, Coimbatore District, Coimbatore.
3. The Special Tahsildar, Adi Dravida Welfare, Thirupur.
...Respondents
PRAYER:
Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to allot the land comprised in Survey Nos.189/1A, 190/1A, 191, 192/2, 194/2 at Erugur Village, Palladam Taluk, Coimbatore District, to the beneficiaries mention in the list of Beneficiaries dated 21.06.1996 drawn up by the 1st respondent.
For Petitioner : M/s.E.D.Sethupathi For Respondents : Mr.V.Shanmuga Sundar, Spl.G.P.
ORDER
This writ petition has been filed seeking direction to the respondents to allot the land comprised in Survey Nos.189/1A, 190/1A, 191, 192/2, 194/2 at Erugur Village, Palladam Taluk, Coimbatore District, as per the beneficiaries list dated 21.06.1996.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. The learned Special Government Pleader, by referring to the counter filed by the 3rd respondent, submitted that originally, the list of beneficiaries was prepared on 21.06.1996 and when the respondents were about to issue patta, a Writ Petition in W.P.No.17394 of 1997 was filed by one Velusamy, challenging the list of beneficiaries. The Writ Petition was eventually dismissed on 11.07.2000.
4. It is further submitted that since the disposal of the said Writ Petition had taken nearly 5 years, in the meanwhile, some of the beneficiaries have constructed own houses and some have secured jobs, so, fresh list of beneficiaries was prepared by the Special Tahsildar, Adi Dravidar Welfare, Thiruppur on 20.03.2001, which was also approved by the District Collector, Coimbatore. Based on the second list, pattas were issued to the beneficiaries in the month of May 2002.
5. It is further submitted that similar writ petitions filed by Rajadevi, Jayalakshmi, Janaki, Maniammal, Jaya, Velathal in W.P.Nos.42395 to 42400 of 2002 were dismissed by this Court on 16.12.2015. At this juncture, the learned counsel for the petitioner would submit that the petitioner is ready to challenge the beneficiaries list prepared in the year 2001.
6. Taking note of the above facts, I do not find any merit in this writ petition. In that view, the writ petition is dismissed. However with liberty to assail the list of beneficiaries. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar pvs
To
1. The District Collector, Coimbatore District, Coimbatore.
2. The District Adi Dravida Welfare Officer, Coimbatore District, Coimbatore.
3. The Special Tahsildar, Adi Dravida Welfare, Thirupur.
+1 CC TO MR.E.D.Sedhupathi, Advocate SR. No.19722 +1 CC TO The government Pleader SR.NO.20093 WP.No.24993 of 2013 NRI(CO) RMP(03/04/2018)