K. Loganadhan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD)No. 3736 of 2025 K.Loganadhan ... Petitioner Vs.

1. The District collector District Collector Office,

2. The Tahsildar The Tahsildar Office,

3. The District Revenue Officer The District Revenue Office,

4. The Revenue Divisional Officer The Revenue Divisional Office,

5. The Special Tahsildar Adi Dravidar Welfare Department,(Unit-2), ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to provide 1/6

separate patta for petitioner landed property comprised in Survey No. 180/1A measuring about 5.40.5 Acres at Thalaiyuthu village, Palani Taluk, Dindigul District, by considering his representation dated 17.12.2024 within time stipulated by this Hon'ble Court. For Petitioner : Mr.S.Harish For Respondents : Mr.C.Satheesh, Government Advocate

ORDER

The petitioner seeks for issuance of writ of mandamus, to direct the respondents to issue separate patta to the petitioner.

2. I have heard Mr.S.Harish, learned counsel appearing for the petitioner and Mr.C.Satheesh, learned Government Advocate appearing for the respondents.

3. The contention of the learned counsel for the petitioner is that proceedings were initiated to acquire the petitioner's land under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978. The said proceedings were challenged by the writ petitioner in W.P.No.691 of 1998, successfully and the acquisition proceedings have been quashed 2/6

and the petitioner, being in absolute physical possession and enjoyment, has made a representation to the respondents on 17.12.2024 for issuing patta in his name, after cancelling / removing the patta standing in the name of Adi Dravidar Welfare Department.

4. The learned Government Advocate, Mr.C.Satheesh, would submit that the property in and around Thalaiyuthu Village, Palani Taluk, Dindigul District, has been assigned as free house sites to 160 poor Adi Dravidar Families and the subject lands of the petitioner are very much required for such purpose. It is further stated the land acquisition proceedings would be initiated against the petitioner for acquiring the petitioner's land.

5. Admittedly, the petitioner challenged the land acquisition proceedings even in the year 1998 and this Court quashed the proceedings initiated in the year 1997. Thereafter the respondents have not taken any steps to acquire the petitioner's land till date, despite passage of several years.

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6. In view of the above, there can be no impediment for the respondents to consider the petitioner's request for separate patta, in pursuance of the representation dated 17.12.2024 on merits and accordance with law. It is open to the respondents to initiate fresh proceedings to acquire the petitioner's land, by following the due process of law. However, it will not prevent the petitioner to be entitled to separate patta. The said exercise shall be completed in a period of eight

(8) weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

Index : Yes / No NCC : Yes / No 10.03.2025 LS To

1. The District collector District Collector Office, 4/6

2. The Tahsildar The Tahsildar Office,

3. The District Revenue Officer The District Revenue Office,

4. The Revenue Divisional Officer The Revenue Divisional Office,

5. The Special Tahsildar Adi Dravidar Welfare Department,(Unit-2), 5/6

P.B. BALAJI , J.

LS Order made in W.P.(MD)No. 3736 of 2025 Dated:

10.03.2025 6/6