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Madras High CourtWP/638/2016disposed of

P.Anandhan, v. The Secretary To Government,

2016-07-13Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.638 of 2016 and W.M.P.No.456 of 2016

1. P.Anandhan

2. U.Padma

3. P.Ranganath

4. P.Nagaraj

5. V.Manjula

6. P.Sharadha

7. K.Santha

8. N.Ramesh

9. D.Subramanian 10.N.Chinnappa 11.G.Muniraj 12.R.Chandrasekaran 13.N.Chandramma 14.G.Sarojammal 15.G.Saravanan 16.M.Muniraj 17.K.Murugan 18.R.Manjunathan 19.A.Gopalayya ..Petitioners vs.

1.

The Secretary to Government Government of Tamil Nadu Adi Dravidar and Tribal Welfare Department, Fort St.George Madras 600 009.

2.

The District Collector Krishnagiri District Krishnagiri.

3.

The Sub Collector Hosur Krishnagiri District.

4.

The Special Tahsildar Adi Dravidar Welfare, Hosur District.

5.

The Tahsildar Hosur Taluk Krishnagiri District.

.. Respondents Prayer: Writ Petition under Article 226 of the Constitution

of India praying to issue a writ of mandamus, forbearing the respondents from disturbing the petitioner's possession of the house sites at S.No.544/1, Avalapalli Village, Hosur Taluk, Krishnagiri District except in accordance with law. For Petitioner : Mr.R.Jayaprakash For Respondents: Mr.R.Ravichandran Additional Government Pleader

ORDER

Heard.

2. This writ petition has been filed praying that this Court may be pleased to issue a WRIT OF MANDAMUS forbearing the fifth respondent from disturbing the possession of the house sites allotted to the petitioners, in S.No.544/1, Avalapalli Village, Hosur Taluk, Dharmapuri District, except in accordance with law.

3. Learned counsel for the petitioners had stated that the house sites, in S.No.544/1, Avalapalli Village, Hosur Taluk, Krishnagiri District had been allotted to the Washermen community of the said area. Pattas had also been issued, by the fourth respondent, to an extent of 3 cents each, on 09.04.2008. The learned counsel for the petitioners had submitted that the fifth respondent and his subordinates are attempting to evict the petitioners from the house sites in question, in order to satisfy certain influential individuals of the local area. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India.

4. At this stage of the hearing of the writ petition, the learned Additional Government Pleader appearing on behalf of the respondents had submitted that the representations made by the petitioners, dated 21.12.2015, shall be disposed of by the second respondent, on merits and in accordance with law, within the time frame, as may be fixed by this Court.

5. In such circumstances, this Court finds it appropriate to direct the second respondent to dispose of the representations made by the petitioners, dated 21.12.2015, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioners. The petitioners shall furnish a copy of their representations, dated 21.12.2015, to the second respondent, along with a copy of this order.

6. The writ petition is disposed of, with the above

direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vj2 To 1.

The Secretary to Government Government of Tamil Nadu Adi Dravidar and Tribal Welfare Department, Fort St.George Madras 600 009.

2.

The District Collector Krishnagiri District Krishnagiri.

3.

The Sub Collector Hosur Krishnagiri District.

4.

The Special Tahsildar Adi Dravidar Welfare, Hosur Krishnagiri District.

5.

The Tahsildar Hosur Taluk Krishnagiri District.

1 cc to R.Jeyaprakash, Advocate, sr.39461 1 cc to The Government Pleader, sr.39328 W.P.No.638 of 2016 vs co kra 25.07.2016