Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 40068 of 2024 and W.M.P.No.43342 of 2024

1. Lakshmi

2. Vasantha ....

Petitioner Vs

1. The District Collector, District Collectorate,

2. District Revenue Officer, District Revenue Office,

3. Revenue Thasildhar, Taluk Office,

4. Revenue Divisional Inspector (Surveyor), Taluk Office, Vanapuram Taluk, Kallakurichi District 1/6

5. Village Administrative Officer, M.Thangal Village, ....

Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 to 4 to consider the representation dated 21.9.2024 relating to issuance of patta in the name of the petitioners relating to lands located at S.No.99/1A at M.Thangal village, Pachhar village, Vanapuram Taluk, Kallakurichi District, Rishivandiam Sub Registration District, for about 1 Acre 55 cents out of 3 Acres 10 cents in the name of each petitioners within a stipulated time frame.

For Petitioners :

Mr.A.K.Rajaraman For Respondents :

Mr.M.R.Gokul Krishnan Additional Government Pleader

ORDER

This Writ Petition has been filed for the following relief : "directing the respondents 2 to 4 to consider the representation dated 21.9.2024 relating to issuance of patta in the name of the petitioners relating to lands located at S.No.99/1A at M.Thangal village, Pachhar village, Vanapuram Taluk, Kallakurichi District, Rishivandiam Sub Registration District, for about 1 Acre 55 cents out of 3 Acres 2/6

10 cents in the name of each petitioners. "

2. It is the case of the petitioner that one Arunachalam owned lands comprised in Survey No.99/1A, situated at M.Thangal Village, Pachhar Village, Vanapuram Taluk, Kallakurichi District, measuring 1 acre and 5 cents. This land is classified as Adi Dravidar Condition Panchami lands and Rayatwari land. The said Arunachalm is the father-in-law of the petitioners herein. The first petitioner is the wife of Arumugam and the second petitioner is the wife of Jayaraman. The said Arumugam and Jayaram are the sons of the said Arunachalam. Adjacent to the lands in survey No.93, the land measuring 3 acres and 10 cents comprised in survey No.99/1A is also in the occupation of the petitioners.

3. The petitioners have been undertaking agricultural activities in this land for several years. While so, certain third parties have entered their name. These persons do not belong to the same community as the petitioners. The land measuring 3 acres and 10 cents was entirely in 3/6

the possession and occupation of Arunachalam. On 08.04.2024 and 21.09.2024, the petitioners made representations to the third respondent about the interference of the third parties from other communities and they are attempted to take over the lands. This would defeat the very purpose for which the land had been allotted to the down trodden Adidravidar. Despite submitting the representations, no action has been taken to date and therefore, the petitioner is before this Court.

4. Considering the relief claimed by the petitioner and going through the documents, it is evident that if the properties are alloted to non-Harijans, it would defeat the very purpose for which the allotment was made. Therefore, it is important that the respondents exercise their statutory duty and consider the representations made by the petitioners. Since they have failed to perform their statutory duties, a mandamus is issued to the respondents to consider and pass orders on the representations submitted by the petitioners dated 08.04.2024 and 21.09.2024, It is needless to state that notices be issued to the petitioners and other interested parties in the land and orders shall be passed after hearing them, within a period of twelve (12) weeks from 4/6

the date of receipt of copy of this order.

5. With the above direction, this writ petition stands allowed. Consequently, connected miscellaneous petition is closed. No costs.

07.01.2025 Index : Yes/No Internet : Yes/No Lpp To

1. The District Collector, District Collectorate,

2. District Revenue Officer, District Revenue Office,

3. Revenue Thasildhar, Taluk Office,

4. Revenue Divisional Inspector (Surveyor), Taluk Office, Vanapuram Taluk,

5. Village Administrative Officer, M.Thangal Village, 5/6

P.T. ASHA, J, Lpp W.P.No. 40068 of 2024 07.01.2025 6/6