M.Thavayee v. The District Adi Dravidar &

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2016

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.35602/2016 & WMP.Nos.30606 & 30607/2016 M.Thavayee ..

Petitioner Vs.

1.The District Adi Dravidar & Tribal Welfare Officer, Villupuram District, Villupuram.

2.The Revenue Divisional Officer Kallakurichi, Villupuram District.

3.The Special Tahsildar [ADW] Kallakurichi Taluk, Villupuram District.

..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorari calling for the records relating to the impugned proceedings issued by the 3rd respondent in Na.Ka.No.A/982/2016 dated 11.08.2016 and to quash the same. For Petitioner :

Mr.G.Sankaran For Respondents :

Mr.A.Kumar, Spl.GP

ORDER

By consent, the writ petition is taken up for final disposal. The petitioner challenges the impugned order passed by the 3rd respondent dated 11.08.2016 with a prayer to quash the same.

The petitioner's case is that she was assigned patta by the 3rd respondent vide proceedings dated 18.09.1994 and was allotted a house site bearing No.23 comprised in S.No.74/5, 75/1, 7/10B2A admeasuring to an extent of 2 cents and thereafter, she had put up a thatched shed and was residing there for more than two decades. It is her further case that when she approached the President of Porpadakurichi Village Panchayat for construction of house under Group Housing Scheme, her claim was rejected on the ground that her house site is 1 km away from the said Panchayat. In the interregnum, the petitioner came to understand that vide impugned order, the 3rd respondent has directed the 2nd respondent to cancel the house site patta granted to 26 persons including the petitioner herein, in respect of the above survey numbers. Challenging the vires of the same, the petitioner is before this Court.

Heard the learned counsel for the petitioner and Mr.A.Kumar, learned Special Government Pleader who accepts notice on behalf of the respondents.

A perusal of the impugned proceedings of the 3rd

respondent dated 11.08.2016 reveals that it is an internal communication between the 3rd respondent and the 2nd respondent, the legality of which, cannot be challenged by the petitioner and further, till date, no action has been initiated against the petitioner. Hence, this Court is of the considered opinion that the writ petition is too premature to be taken up for consideration. Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are also dismissed.

07.10.2016 AP To 1.The District Adi Dravidar & Tribal Welfare Officer, Villupuram District, Villupuram.

2.The Revenue Divisional Officer Kallakurichi, Villupuram District.

3.The Special Tahsildar [ADW] Kallakurichi Taluk, Villupuram District.

B.RAJENDRAN, J., AP WP.No.35602/2016 07.10.2016