Dhanasekaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25059 of 2024 Dhanasekaran ..Petitioner Vs.

1. The State rep by The Secretary to Government Adidravidar & Tribal Welfare Department Secretariat Chennai 600 009.

2. The District Collector Salem District, Salem - 636 001.

3. The Revenue Divisional Officer Salem District 636 102

4. The District Adidravidar Welfare Officer Collectorate Campus Salem 636 001

5. The Special Thasildar for Adi Dravidar Welfare 1/6

6. The Block Development Officer Attur Panchayat Union

7. The Panchayat President Pungavadi Village Salem District 636 141.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from digging borewell, fixing fencing or any other works in the petitioners property comprising in S.Nos.106/4, 106/12, 106/13, 106/14, 106/15, 106/16/ 106/17, 106/18 measuring acre 2.03 cents situated at Pungavadi village, Attur Taluk, salem District in the pendency of the Petitioners claim before the government very particularly in Adi Dravidar Welfare Department with respect to take back the land based on the petitioners representation dated 29.04.2024. For Petitioner : Mr. S.Vinodha For R1 to R5 : Mr.Arasakumar Government Advocate For R6 and R7 : E.Vijay Anand Additional Government Pleader 2/6

O R D E R

The petitioner herein seeks issuance of a writ of mandamus forbearing the respondents from digging bore well, fencing and any other works in the property situated in S.Nos.106/4, 106/12, 106/13, 106/14, 106/15, 106/16/ 106/17, 106/18 measuring an extent of 2.03 acre at Pungavadi village, Attur Taluk, Salem District pending consideration of petitioner's representation dated 27.04.2024.

2. According to the petitioner, the above mentioned property was his father's ancestral property and the same was acquired for providing house sites to depressed classes of people in the year 1997. However, till date the property has not been utilised for the purpose of which it was acquired and the same is lying as a vacant land. Therefore, the petitioner submitted a representation to the respondents seeking re-conveyance of the land to the petitioner taking into considering his indigent circumstances. In the meantime, the respondents are making attempt to dig bore well in the above mentioned land. Therefore, the petitioner has come by way of this writ petition. 3/6

3. The learned counsel for the petitioner submitted that when the representation of the petitioner seeking re-conveyance of the land is pending, the respondents are not entitled to undertake any work in the above mentioned land.

4. It is not in dispute that the land belonged to petitioner's father was acquired for providing house sites to the depressed classes in the year 1997 itself. Therefore, as on today, the petitioner has no interest over the same. Merely because the petitioner's representation seeking re-conveyance is pending before the respondents, the petitioner is not entitled to seek any order restraining the respondents from undertaking any works in the above said land which was already acquired. Therefore, this Court is not inclined to accept the submission made by the learned counsel for the petitioner. However, without going into the merits of the claim made by the petitioner, the 1st respondent is directed to consider the representation of the petitioner dated 27.04.2024 and pass final orders on its' own merits within a period twelve weeks from the date of receipt of copy of this order.

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5. With the above directions, this writ petition is disposed of. No costs. 30.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To

1. The Secretary to Government Adidravidar & Tribal Welfare Department Secretariat Chennai 600 009.

2. The District Collector Salem District, Salem - 636 001.

3. The Revenue Divisional Officer Salem District 636 102

4. The District Adidravidar Welfare Officer Collectorate Campus Salem 636 001

5. The Special Thasildar for Adi Dravidar Welfare 5/6

S.SOUNTHAR , J.

nr W.P No.25059 of 2024 30.08.2024 6/6