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Madras High CourtWP/33895/2023disposed of

Tamil Nadu Pottery Workers (Kulalar) Association v. The District Collector

2023-12-01Honourable Dr Justice Anita Sumanth4 pages

2023:MHC:5267

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.12.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH and WMP No.33757 of 2023 Tamil Nadu Pottery Workers (Kulalar) Association Represented by its District President K.Rengaraj Kuyavur Street, Padalur (P.O), Aalathur Taluk, Perambalur - 621 212.

... Petitioner Vs

1. The District Collector Perambalur District Perambalur.

2. The District Revenue Officer Perambalur District Perambalur.

3. The Revenue Divisional Officer Perambalur District Perambalur.

4. The Tahsildar Alathur Taluk Perambalur.

... Respondents Pg.No.1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 20.11.2023 and to protect the land in S.No.355/13, 355/14, 355/22, 355/23, 355/24, 355/25 & 355/26 Padalur Village, Aalathur Taluk, Perambalur District in order to traditionally continue the manufacturing of pots for the livelihood of the Kulalar Community. For Petitioner : Mr.J.Deliban For Respondents : Mr.KMD.Muhilan Additional Government Pleader

O R D E R

Mr.K.M.D.Muhilan, learned Additional Government Pleader accepts notice for the respondents and is armed with instructions to enable final disposal of this Writ Petition, even at the stage of admission.

2. The petitioner is an association, Tamil Nadu Pottery Workers (Kulalar) Association, based in Perambalur. Their prayer is for a mandamus directing the respondents to consider their representation dated 20.11.2023, whereunder, they have sought protection of land in S.Nos.355/13, 355/14, 355/22, 355/23, 355/24, 355/25 and 355/26, Padalur Village, Aalathur Taluk, Perambalur District in order to enable them to continue with their traditional avocation of manufacture of pots.

Pg.No.2/4

3. Various facts have been set out in the writ affidavit in regard to how the members of the petitioner association claim such protection.

4. Seeing as the representation is now pending before the first respondent, District Collector, Perambalur District and Mr.Muhilan, learned Additional Government Pleader appearing for the respondents would also accede to the pendency of the same, it is appropriate that R1 considers the representation of the petitioner dated 20.11.2023 after assimilating necessary facts and appreciate the same.

5. Hence, mandamus is issued to R1 to issue notice to the petitioner as well as to any other parties, who may thought fit and necessary for proper adjudication of the matter, hear them, consider evidences, if any placed, and pass orders on the representation dated 20.11.2023 within a period of four (4) weeks from date of receipt of a copy of this order.

6. This Writ Petition is disposed in the aforesaid terms. No costs. Connected Miscellaneous petition is closed.

01.12.2023 Index : Yes / No Speaking order sl Note: Registry is directed to issue a copy of the order today (01.12.2023) Pg.No.3/4

DR.ANITA SUMANTH,J.

Sl To

1. The District Collector Perambalur District Perambalur.

2. The District Revenue Officer Perambalur District Perambalur.

3. The Revenue Divisional Officer Perambalur District Perambalur.

4. The Tahsildar Alathur Taluk Perambalur.

and WMP No.33757 of 2023 01.12.2023 Pg.No.4/4