Madras High CourtWP/31988/2024allowed

S.Saritha v. The Commissioner

2024-11-06Honourable Ms. Justice P.T. Asha7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 31988 of 2024 & W.M.P.No.34738 of 2024 1.S.Saritha 2.Muniyammal 3.Valarmatthy 4.Amul 5.Viji 6.Janaki 7.Ashtalakshmi 8.Suganthi 9.Ramya Priya 10.Sivagami 11.Dillivasugi 1/7

12.Lakshmi 13.Inbarani 14.Pratheeba 15.T.Catherin Mery

...Petitioners

Vs.

1.The Commissioner, Land Administration Department, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Principal Secretary to Government, Adi Dravidar Welfare Department, Fort St. George, Chennai 600 009.

3.The District Collector, Chennai District, Rajaji Street, Chennai - 600 001.

4.The District Collector, Thiruvallur District.

5.The District Welfare Officer, Adi Dravida and Tribal Welfare Department, Collectorate, Thiruvallur District.

6.The Special Tasihldar (ADW), Ponneri Division, Ponneri.

...Respondents

2/7

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents to consider the representation dated 01.08.2024 and to demark the property allotted to the petitioners as per the patta vide award No.5/2000-2001 under proceeding No.439/2000 dated 09.03.2001 and to handover the possession of the property to the Writ petitioners.

For Petitioners :

Mr. G.Ilamurugu For Respondents :

Mr. P.Sathish Additional Government Pleader.

O R D E R

The petitioners are aggrieved by the fact that though pattas had been issued for house sites to Adi Dravida people, the house sites have not been demarcated and handed over to the eligible individuals. Though there were initial objections to the allotment of the land, the issue has reached finality by orders of this Court in W.P.Nos.6267 to 3/7

6271 of 2001 and at present there is no impediment for demarcating the properties allotted to the petitioners and handing over possession to them.

2. It is the case of the petitioners that 265 persons have been allotted house sites. Since, the respondents are not demarcating and handing over possession, third parties are attempting to encroach the property. Therefore, the Writ Petition.

3. Heard the learned counsels on the either side and perused the records.

4. Admittedly, the Government has issued pattas in favour of the petitioners and others. However, the property has not been demarcated and handed over to them. The representation made by the petitioners have also not been considered and orders passed. 4/7

5. Therefore, mandamus is issued directing the respondents to consider the petitioners' representation dated 01.08.2004 and to demark the property allotted under the award No.5/2000-2001, under proceedings No.439/2000, within a period of 12 weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs. 06.11.2024 Index : Yes/No Internet : Yes/No kan 5/7

To 1.The Commissioner, Land Administration Department, Ezhilagam, Chepauk, Chennai - 600 005.