Madras High CourtWP/28541/2022dismissed

Boopathirajaa v. The District Collector

2022-10-27Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.28541 of 2022 and W.M.P.No.27853 and 27856 of 2022 Boopathirajaa ... Petitioner Vs.

1. The District Collector, Collectorate, Kallakurichi District, Kallakurichi.

2. The District Revenue Officer, Kallakurichi, Kallakurichi District.

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

4. The zonal Deputy Tahsildar, Kallakurichi Taluk, Kallakurichi District,

5. The Revenue Inspector, Kallakurichi, Kallakurichi District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned Notice dated in Na.Ka.Aa2/334/2022 dated 07.01.2022 passed by the second respondent, quash the same in respect of the properties of the petitioner measuring 9.85 Acres in

S.F.no.172/1G1, 172/3 ,172/4,172/6A, 172/7, 172/1B, 172/1B Sadaampattu Village, Kallakurichi Taluk, Kallakurichi District and pass orders. For Petitioner : Mr.S. Doraiswamy For Respondents : Mr.U. Baranidharan Additional Government Pleader

O R D E R

By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

2. This Writ Petition has been filed for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned Notice dated in Na.Ka.Aa2/334/2022 dated 07.01.2022 passed by the second respondent, quash the same in respect of the properties of the petitioner measuring 9.85 Acres in S.F.no.172/1G1, 172/3 ,172/4,172/6A, 172/7, 172/1B, 172/1D Sadaampattu Village, Kallakurichi Taluk, Kallakurichi District

3. The case of the petitioner is that the petitioner was in possession and enjoyment of the subject property. Whileso the second respondent issued impugned notice to appear for an enquiry regarding the issue that the subject properties were classified as Panjami Land in Gazettee Notification and the

same was allotted to Adi Dravidar community people. Aggrieved over the same, the petitioner has filed the present petition.

4. The learned counsel for the petitioner submitted even though the second respondent has issued an enquiry notice there is no record to produce that the subject lands were classified as Panjami lands. Hence prays this Court to pass appropriate orders.

5. The learned Additional Government Pleader would submit that in the impugned notice the second respondent has specified some survey numbers which were assigned to the people belonging to Adi Dravidar community. It was also stated that the impugned order is to verify if there are any other persons residing in the subject area other than the Adi Drravidar community. Hence the persons who are all residing in the said survey number specified in the impugned notice are directed to appear for the enquiry and produce the relevant documents and prove that they have right over the subject property. Hence he prays this Court to dismiss this petition.

6. Heard both sides and perused the materials available on record.

7. On perusal of the impugned notice the second respondent has not mentioned that the subject lands are Panachami land. The impugned notice has been issued to find out whether there were any persons in possession of the subject property except the Adi Dravidar community as the subject lands were assigned to Adi Dravidar Community people. When this being the case this Court is not inclined to interfere in the impugned notice issued by the second respondent and there is no merit in the submission made by the petitioner.

8. In view of the above, the writ petition is devoid of merits and is liable to be dismissed. Accordingly this writ petition is dismissed. No Costs. Consequently the connected miscellaneous petitions are closed. However the second respondent is directed to pass order in the impugned notice within a period of four weeks from the date of receipt of a copy of this order, if the order has not been passed.

27.10.2022 Index: Yes/ No Internet: Yes/No smn

M.DHANDAPANI,J.

smn To Vs.