Madras High CourtWP/25545/2022dismissed

G.Pazhanisamy v. The Principal Secretary To Government

2024-03-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Pazhanisamy : Petitioner Vs 1.The Principal Secretary to Government Adi Dravidar Welfare and Tribal Welfare Dept. Secretariat Chennai-09.

2.The District Collector Collectorate Office, Kallakurichi District.

3.The District Revenue Officer Collectorate Office, Kallakurichi District.

4.The Adi-Dravidar Welfare Officer Collectorate Office, Kallakurichi District.

5.The Revenue Divisional Officer The Revenue Divisional Office Kallakurichi District.

6.The Tahsildar Chinnasalem Taluk Office Kallakurichi District.

7.The Special Tahsildar For land Acquisition Adi-Dravidar Welfare Virudhachalam, Cuddalore District.

: Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to hand over the respective plots comprised in S.No.323/1A situated at Nainarpalayam Village Chinnasalem Taluk Kallakurichi District to the original allottees and remove encroachments by considering the petitioner's representations dated 09.08.2022 as per law within time limitation. For Petitioner :

No appearance For Respondents :

Mr.C.Kathiravan, Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. We have heard Mr.C.Kathiravan, learned Special Government Pleader, appearing for the respondents.

3. The petitioner seeks directions to handover the respective plots comprised in S.No.323/1A situate at Nainarpalayam Village, Chinnasalem Taluk, Kallakurichi District to the original allottees and remove the encroachments.

4. A counter-affidavit is filed by the Special Tahsildar, Kallakurichi. It is stated in the counter-affidavit that after the

acquisition of the land, proper layout is formed and approved by the competent authority. It is stated that pattas to eligible Adi Dravidar Community people have also been given and almost 90% of the persons have constructed their houses at their respective plots and are living in the Adi Dravidar Natham land. Some of the allottees have sold their plots to persons belonging to the scheduled caste community. Some of the people, who are the legal heirs of original allottees, are living in their houses which were allotted in their parents and/or relatives names. Allegations made by the petitioner are denied and it is stated that no encroachment exists in the subject writ land.

5. In view of the affidavit filed by the seventh respondent, the writ petition stands dismissed. There shall be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 12.03.2024 Index : Yes/No : Yes/No tar

To 1.The Principal Secretary to Government Adi Dravidar Welfare and Tribal Welfare Dept. Secretariat Chennai-09.