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Madras High CourtWP/34788/2019disposed of

S.Jaya v. The District Collector

2023-12-21Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.35547 of 2019 S.Jaya .. Petitioner -vs1. The District Collector, Dharmapuri District, Collector Office Compound, Dharmapuri 636 705.

2. The District Revenue Officer, Dharmapuri District, Collector Office Compound, Dharmapuri 636 705.

3. The District Adhi Dravidar Welfare Officer, Dharmapuri District, Collector Office Compound, Dharmapuri 636 705.

4. The Special Thasildhar (Adhi Dravidar Welfare), Dharmapuri District, Collector Office Compound, Dharmapuri 636 705.

5. The Village Administrative Officer, A-Reddihalli Village and Post, Dharmapuri District.

6. Krishnan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 to take immediate steps to safeguard the public and other purposes lands in Survey No.441/1C2A2B & 103/1 of the A.Reddihalli Village, Dharmapuri District, allotted to the Most Backward Boyar Community people and consequently restore the land encroached by the 6th respondent in Survey No.441/1C2A2B & 103/1 of the A.Reddihalli Village, Dharmapuri District as public purpose land based on petitioner representation dated 11.11.2019.

For the Petitioner :

No appearance For the Respondents :

Mrs.R.Anitha, Spl. Govt. Pleader for RR 1 to 5 :

No appearance for R-6 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner. We have heard Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 to 5.

2. The petitioner seeks directions to restore the land encroached by the 6th respondent in S.No.441/1C2A2B and 103/1 of A.Reddihalli Village, Dharmapuri District.

3. The counter affidavit is filed by the 4th respondent. It is stated that free house site pattas have been issued to 60 beneficiaries in S.F.No.441/1C2A each having 3 cents. In S.No.103/1 also, free house site pattas are issued to 30 beneficiaries. The affidavit further states that patta has been issued to 77 persons belonging to scheduled caste community. For Plot No.77 in S.No.441/1C1 and 441/1C2B, patta was issued to one Tmt.Chitra, W/o.Krishnan. It is further stated in the affidavit that the structure alleged to have been constructed on the public/common purpose land acquired for Boyar community people is actually located on the land acquired for assignment of free house site patta for the people living in New Colony area of Dharmapuri Town and Taluk. The structure is located in Plot No.77 which is assigned to Tmt.Chitra, W/o.Krishnan. The Surveyor has conducted the field verification and confirmed that

there is no encroachment on the public/ common purpose land. In view of the above, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (D.B.C., J.) 21.12.2023 Index : Yes/No : Yes/No sra

To

1. The District Collector, Dharmapuri District, Collector Office Compound, Dharmapuri 636 705.

2. The District Revenue Officer, Dharmapuri District, Collector Office Compound, Dharmapuri 636 705.

3. The District Adhi Dravidar Welfare Officer, Dharmapuri District, Collector Office Compound, Dharmapuri 636 705.

4. The Special Thasildhar (Adhi Dravidar Welfare), Dharmapuri District, Collector Office Compound, Dharmapuri 636 705.

5. The Village Administrative Officer, A-Reddihalli Village and Post, Dharmapuri District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) 21.12.2023