Sumathi v. The Government Of Tamil Nadu
In the High Court of Judicature at Madras Dated : 21.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.39020 of 2024 Sumathi
...Petitioner
Vs 1.The Government of Tamil Nadu Rep. By Secretary to Government Department of Adi Dravidar & Tribal Welfare, Fort St. George, Chennai-9.
2.The District Collector Salem District.
3.The District Revenue Officer Salem District.
4.The Revenue Divisional Officer Salem District.
5.The District Adi Dravidar & Tribal Welfare Officer Salem District.
6.The Special Tahsildar Department of Adi Dravidar Welfare, Gengavalli Taluk, Salem District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1/6
herein to consider the petitioner's representation given to the 1st respondent on 12.2.2024 as forwarded by the 1st respondent in Letter No.6716439/Ni A 2(1)/2024-1 dated 23.2.2024 to the 2nd respondent and direct the 6th respondent to issue free patta under Adi Dravidar Welfare Scheme in Survey No.349/6 of Thammampatti Village, Gengavalli Taluk, Salem District within the time frame fixed by this Court.
For Petitioner :
Mr.S.Senthilnathan For Respondents :
Mr.A.Selvendran, SGP
ORDER
Seeking a direction to the second respondents to consider her representation, which was received by the first respondent on 12.2.2024 and to direct the sixth respondent to grant a free house site patta to the petitioner and other similarly placed persons in respect of the property in Survey No.349/6 of Thammampatti Village, Gengavalli Taluk, Salem District under the welfare scheme of the Department of Adi Dravidar and Tribal Welfare, Government of Tamilnadu, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents. 2/6
3. The case of the petitioner is as follows : (i) For the past more than 20 years, the petitioner has been living in Thammampatti Village along with more than 30 families. With their meagre income, each of them managed to put up a small house measuring 200 to 300 sq.ft. in 3 cents in the subject property. The land, over which, the houses have been constructed by the petitioner and others, belongs to the Adi Dravidar Welfare Department, Government of Tamil Nadu. Hence, for herself and on behalf of others, the petitioner made a representation to the first respondent in February 2024 to issue a free house site patta. Further, vide proceedings dated 23.2.2024, the said representation has been forwarded by the first respondent to the second respondent for proper action. In turn, vide proceedings dated 13.5.2024, the office of the second respondent forwarded the said representation the Revenue Divisional Officer, Attur with a copy to the Tahsildar, Gengavalli Taluk for further action. Now, the matter is pending with the Tahsildar, Gengavalli Taluk.
(ii) According to the petitioner, they are qualified for the issuance of a free house site patta in respect of the subject property, which they are already in possession. Since the said request has not been processed, the petitioner has approached this Court by filing this 3/6
writ petition.
4. On hearing the learned counsel on either side and perusing the records, it is seen that the petitioner and others are seeking to issue a free house site patta in respect of the subject property, in which, they are already in occupation for over 20 years.
5. Accordingly, the writ petition is allowed and a Mandamus is issued to the Tahsildar, Gengavalli Taluk to consider the petitioner's representation, which was received by the office of the first respondent on 12.2.2024 keeping in mind the fact that they are in occupation of the subject property for over 20 years. This exercise shall be completed after issuing notice to the petitioner and other similarly placed persons and giving them an opportunity to put forth their case within a period of three months from the date of receipt of a copy of this order.
21.12.2024 Index : Yes (or) No To
1. The Secretary to Government of Tamil Nadu Department of Adi Dravidar & Tribal Welfare Fort St. George, Chennai 600 009.
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2. The District Collector, Salem District.
3. The District Revenue Officer Salem District.
4. The Revenue Divisional Officer Salem District.
5. The District Adi Dravidar & Tribal Welfare Officer, Salem District.
6. The Special Tahsildar Department of Adi Dravidar Welfare Gengavalli Taluk, Salem District.
7.The Tahsildar, Gengavalli Taluk, Salem District.
RS 5/6
P.T.ASHA,J RS 21.12.2024 6/6