Madras High CourtWP/32927/2018disposed of

T.Venkatesan v. The Secretary

2023-03-09Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.03.2023

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.32927 of 2018 T.Venkatesan ... Petitioner Vs.

1. The Secretary, Department of Adi Dravidar and Tribal Welfare, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2. The Tribal Commissioner Ezhilagam, PWD Estate, Kamaraj Salai, Chepauk, Chennai - 600 005.

3. The District Collector, Thiruvannamalai District, Thiruvannamalai.

4. The District Tribal Welfare Officer, Thiruvannamalai Collector Office, Thiruvannamalai

5. The Revenue Divisional Officer, Arani, Thiruvannamalai District.

6. The Tahsildar (Tribal) Polur Taluk Office, Polur,

7. The Thasildar (Tribal) Chengam Taluk Office,

8. The Revenue Inspector Puliyur Village and Firka, Jamanamarattur, Thiruvannamalai District.

9. The Revenue Inspector Veerapur Village, Jamunamarathur, Thiruvannamalai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to elect the Forest Land Rights Grama Sabhas at Javvadu Hills, Thiruvannamalai District by democratic process based on the representation given by the petitioner dated 03.11.2018.

For Petitioner : Mr.M.Saravanakumar For Respondent : Mr.E.Veda Bagathsingh, SGP

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to elect the Forest Land Rights Grama Sabhas at Javvadu Hills, Thiruvannamalai District by democratic process based on the representation given by the petitioner dated 03.11.2018.

2. It is the grievance of the the petitioner that he is belonging to Tribal community and is living at Javvadu Hills. There are 11 village panchayat comprised at Jamunamarathur panchayat union, in which, there are 262 villages comprised in Jamunamarathur Panchayat Union. There are more than one lakh tribal people are residing at Javvadu Hills. However, till date, the Gram Sabha election was not conducted for selecting the Gram Sabha Members for obtaining the Tribal Welfare Right. Hence, the petitioner made a representation dated 03.11.2018 to the respondents and the same is not considered so far. Hence, the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider the petitioner's representation and pass appropriate orders within the stipulated time as fixed by this court.

4. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

5. Considering the facts and circumstances of the case and in view of the limited request made by the petitioner, this Court directs the respondents to consider the petitioner's representation dated 03.11.2018 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ is disposed of. No costs. 09.03.2023 Index: Yes/ No Internet: Yes/No rli To