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Madras High CourtWP/924/2024disposed of

Devi v. The District Collector

2024-02-13Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13.02.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.924 of 2024 -- Mrs.Devi .. Petitioner Vs.

1. The District Collector, Collectorate, Vengikkal, Tiruvannamalai-606 604.

2. The District Adi Dravida Welfare Officer, Collectorate, Vengikkal, Tiruvannamalai-606 604.

3. The Thasildar, Sengam (Tk) Tiruvannamalai (Dt).

4. The Special Thasildar, Adi Dravida Welfare, Sengam (Tk), Tiruvannamalai (Dt).

5. Village Administrative Officer, Kottakulam Village, Sengam (Tk), Tiruvannamalai (Dt).

.. Respondents 1 / 5

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to consider the representation dated 12.01.2023 to hand over possession Site No.7 at Kottakulam Village.

For petitioner : Mr.S.Muthukrishnan For respondents: Mr.T.Arun Kumar, Addl.G.P.

ORDER

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to consider the representation dated 12.01.2023 to hand over possession Site No.7 at Kottakulam Village.

2. Learned counsel for the petitioner submitted that the land in question was allotted to third party and since there was violation, the said assignment was cancelled. Subsequently, the petitioner was identified as a fit person for reassignment and therefore, she was assigned the land and Patta was also issued. However, the possession was not handed over. Similarly, the neighbours who are of similar nature, filed the petition earlier in W.P.No.12777 of 2021 before this Court and obtained an order on 27.07.2021 directing to consider the representation stated therein and subsequently, since that was not done, thereafter, they filed another Writ Petition in W.P.No.34769 of 2022 which was 2 / 5

disposed of on 05.01.2023 and during the pendency of that Writ Petition, it was reported that direction was implemented and the possession was handed over to the assignee therein. Even after that also, the petitioner approached several times to the respondents, but so far, they have not taken steps to hand over the possession to the petitioner. Therefore, the petitioner is before this Court.

3. Since this is a simple Writ of Mandamus seeking for a direction to consider the representation, and since already the assignment was granted to the petitioner and the neighbours have also been granted and put in possession, on the very same way, the respondents are directed to consider the representation of the petitioner, dated 12.01.2023, if the petitioner is otherwise eligible and the respondents are directed to put the petitioner in possession in the assigned land. The said exercise shall be done within a period of four weeks from the date of receipt of a copy of this order.

4. With the above observations/direction, the Writ Petition is disposed of. There shall be no order as to costs.

13.02.2024 cs 3 / 5

To

1. The District Collector, Collectorate, Vengikkal, Tiruvannamalai-606 604.

2. The District Adi Dravida Welfare Officer, Collectorate, Vengikkal, Tiruvannamalai-606 604.

3. The Thasildar, Sengam (Tk) Tiruvannamalai (Dt).

4. The Special Thasildar, Adi Dravida Welfare, Sengam (Tk), Tiruvannamalai (Dt).

5. Village Administrative Officer, Kottakulam Village, Sengam (Tk), Tiruvannamalai (Dt).

4 / 5

P. VELMURUGAN, J cs W.P.No.924 of 2024 13.02.2024 5 / 5