P.Sathiya Kumar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ 1 P.Sathiya Kumar 2 A.Prakash 3 N.Manimaran 4 S.Ramesh 5 D.Mohan Dass .. Petitioners Vs 1 The State of Tamil Nadu Rep by its Secretary to the Government Department of Adi- Dravida and Tribal Welfare Fort St. George, Chennai- 9.
2 The District Collector Cuddalore District.
3 The District Adi-Dravida and Tribal Welfare Officer Cuddalore District.
4 The Special Tahsildar Adi Dravida Welfare Cuddalore District.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to prepare a layout, secure approval, plot out and issue assignment orders to the eligible SC landless poor of Angu Chettipalayam, Panruti Taluk, Cuddalore District, in and over the lands measuring an extent of 2.76.5 hectares acquired in Re-Survey No.70/2 in Angu Chettipalayam Village, Panruti Taluk, Cuddalore District, pursuant to the Award No.4/83-84 dated 08.03.1984 passed by the 4th respondent within a stipulated time frame.
For the Petitioners : Mr.R.Veeramani For the Respondents : Mr.Karthik Jagannath Government Advocate
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) W.M.P.No.2802 of 2023 filed to permit the petitioners to join and file a single writ petition is ordered, subject to payment of separate set of court fee by the petitioners within two weeks from today, failing which the order passed today shall be applicable only to the first petitioner.
2. Heard Mr.R.Veeramani, learned counsel for the petitioners; and Mr.Karthik Jagannath, learned Government Advocate for the
respondents.
3. The prayer made in this writ petition is to direct the respondents to prepare a layout, secure approval, plot out and issue assignment orders to the eligible SC landless poor of Angu Chettipalayam, Panruti Taluk, Cuddalore District, in and over the lands measuring an extent of 2.76.5 hectares acquired in Re-Survey No.70/2 in Angu Chettipalayam Village, Panruti Taluk, Cuddalore District, pursuant to the Award No.4/83-84 dated 08.03.1984 passed by the fourth respondent.
4. The grievance of the petitioners is that though an award was passed way back in the year 1984 and the acquisition of land has become final and the land vests with the Government, till date the respondents have not taken any steps to form layout and issue assignment pattas to the landless poor.
5. Learned Government Advocate placed on record the counter affidavit filed by the second respondent/District Collector, wherein it
is specifically averred as under:
"7. It is submitted that this Hon'ble Court was pleased to quash G.O.No.52, dated 20.06.2000 however granted liberty to the Government to proceed in accordance with law after notice to the parties concerned. I state that since G.O.No.52, dated 20.06.2000 was set aside by this Hon'ble Court, G.O.No.(Misc.) 186, dated 09.11.1995 comes into operation. It is stated that as per G.O.No.186, dated 09.11.1995 Government had accepted the request of Thiru.R.Krishnamurthy and decided to acquire lands in R.S.No.70/1C, 70/1A and 69/2 to an extent of 1.70.0 Hectares in Anguchettipalayam Village, instead of R.S.No.70/2 and this Government Order is valid as on date.
8. It is submitted that the 3rd respondent vide proceedings dated 10.08.2023 in Na.Ka.No.W2/12688/1992 had requested this office to give sanction for identifying the Adi-dravidar people and to grant patta in their favour."
6. Learned Government Advocate further submitted that necessary steps for identifying the Adi-dravidar people to grant
pattas, as per their eligibility, would be undertaken by the respondent authorities.
7. In view of the aforesaid submission made by learned Government Advocate, we dispose of the writ petition with a direction to the respondent authorities to take effective steps to identify the landless poor and issue pattas, if they meet the required eligibility criteria. The entire exercise shall be undertaken by the respondent authorities within a period of twelve weeks, without any further delay. There shall be no order as to costs. (R.M.D., ACJ.) (M.S.Q., J.) 06.06.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1 The Secretary to the Government State of Tamil Nadu Department of Adi- Dravida and Tribal Welfare Fort St. George, Chennai- 9.
2 The District Collector Cuddalore District.
3 The District Adi-Dravida and Tribal Welfare Officer Cuddalore District.
4 The Special Tahsildar Adi Dravida Welfare Cuddalore District.
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
(sasi) 06.06.2024