V. Murugan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE V.Murugan ... Petitioner Vs.
1.The District Collector, District Collector Office Campus, Dindigul, Dindigul District.
2.The Superintendent of Police, Office of the Superintendent of Police, Dindigul, Dindigul District.
3.The Revenue Divisional Officer, Dindigul, Dindigul District.
4.The Tribal Welfare Officer, District Collector Office Campus, Dindigul, Dindigul District.
5.The Special Tahsildar, The Adidravidar and Tribal Welfare Department, Nilakottai, Dindigul District.
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6.The Tahsildar, Nilakottai, Nilakottai Taluk, Dindigul District.
7.The Village Administrative Officer, Kullalakundu Village, Nilakottai Taluk, Dindigul District.
8.The Inspector of Police, Ammaiyanaickanoor Police Station, Nilakottai Taluk, Dindigul District.
9.Kanikumar
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1, 3, 4, 5, 6 to allot and assign and issue patta for the remaining house sites in Sy.Nos.170/4A, 5, 6, 7, 8, 9, 10, 11 and in Sy.No.190/1A, 1B, 5A situated in Kullalakundu Village, Nilakottai Taluk, Dindigul District by following the appropriate rule and regulations applicable for Adi Dravidar and Tribal Welfare Department schemes and to direct the respondents 1, 3, 4, 5 and 6 to forbear from allotting, assigning and issuing patta for the same according to their whims and fancies without following the appropriate rule and regulations applicable for Adi Dravidar and Tribal Welfare Department schemes.
For Petitioner : Mr.V.Santhakumaresan For R1, R3 to R7 : Mr.P.Thilak Kumar, Government Pleader 2/7
For R2 & R8 : Mr.T.Senthil Kumar, Additional Public Prosecutor For R9 : Mr.S.Balaji
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present Writ Petition is to direct the respondents 1, 3 to 6 to allot and assign and issue patta for the remaining house sites in Sy.Nos.170/4A, 5, 6, 7, 8, 9, 10, 11 and in Sy.No.190/1A, 1B, 5A situated in Kullalakundu Village, Nilakottai Taluk, Dindigul District by following the appropriate rules and regulations applicable for Adi Dravidar and Tribal Welfare Department schemes and to direct the respondents 1, 3 to 6 to forbear from allotting, assigning and issuing patta for the same according to their whims and fancies without following the appropriate rules and regulations applicable for Adi Dravidar and Tribal Welfare Department schemes. 2.The learned counsel appearing for the petitioner would submit that the lands were acquired for the construction of houses to Adi Dravidars. 3/7
3.The learned Government Pleader appearing for the respondents 1, 3 to 7 would submit that free house site patta for eligible Adi Dravidar community people are granted in the year 2004, more specifically, for 120 persons. But, they have violated the assignment conditions. Based on the complaint, inspection was conducted and the competent authorities have cancelled the assignment for 55 persons in the year 2014.
4.The learned counsel appearing for the petitioner would submit that though patta was cancelled in respect of 55 persons, it was not re-assigned to other eligible persons. The petitioner is also eligible to avail of free house site patta under the welfare scheme.
5.May that as it be, this Court is of the considered opinion that patta granted to ineligible persons and violators was also cancelled. Therefore, the said plots are to be assigned to other eligible Adi Dravidar community people, who are all waiting for such allotment. It is needless to say that free house site has to be granted by scrupulously following eligibility criteria and other procedures as contemplated under the scheme. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. 4/7
6.With the above observation, this Writ Petition is disposed of. No costs.
(S.M.S., J.) & (A.D.M.C., J.) 05.06.2025 NCC : Yes / No Index : Yes / No Yuva To:- 1.The District Collector, District Collector Office Campus, Dindigul, Dindigul District.
2.The Superintendent of Police, Office of the Superintendent of Police, Dindigul, Dindigul District.
3.The Revenue Divisional Officer, Dindigul, Dindigul District.
4.The Tribal Welfare Officer, District Collector Office Campus, Dindigul, Dindigul District.
5.The Special Tahsildar, The Adidravidar and Tribal Welfare Department, Nilakottai, Dindigul District.
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6.The Tahsildar, Nilakottai, Nilakottai Taluk, Dindigul District.
7.The Village Administrative Officer, Kullalakundu Village, Nilakottai Taluk, Dindigul District.
8.The Inspector of Police, Ammaiyanaickanoor Police Station, Nilakottai Taluk, Dindigul District.
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S.M.SUBRAMANIAM, J.
AND DR.A.D.MARIA CLETE, J.
Yuva 05.06.2025 7/7