S.Vijaya Antony, S/O.Selvaraj, v. The Principal Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.08.2018 C O R A M THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Writ Petition (MD) No.3383 of 2018 S.Vijaya Antony ...
Petitioner Vs.
1.The Principal Secretary, SC/ST Welfare Department Secretariat St. George Fort, Chennai-9.
2.The Secretary to Government Revenue Department Chennai-09.
3.The Inspector of Registration, Chennai.
4.The Inspector of Land Survey & Settlement, Chennai.
5.The District Collector, Dindigul District, Dindigul.
6.The District Collector, Tirunelveli District, Tirunelveli.
7.The District Adi Travidar Welfare Officer, 8.The District Adi Travidar Welfare Officer, 9.The Revenue Divisional Officer, Kodaikkanal, 10.The Revenue Divisional Officer, Tenkasi,
11.The Tahsildar, Kodaikkanal 12.The Tahsildar, Senkottai, 13.The Sub Registrar, Kodaikkanal Sub-Registrar Office, Kodaikkanal, Dindigul District.
14.The Sub Registrar, Vathalagundu Sub Registrar Office, Vathalagundu, Dindigul District.
15.The Sub Registrar, Panpozhi Sub Registrar Officer, Senkottai Taluk, .. Respondents Prayer:Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of mandamus directing the respondents to consider the petitioner's representation dated 09.12.2017 and 11.12.2017 and to pass suitable orders by cancelling the illegal transfer of panchami lands transfer to the other than Schedule Caste and Schedule Tribes people and to assign the same to the Schedule Caste and Schedule Tribes beneficiaries. For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.N.Shanmugaselvam Additional Govt. Pleader
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner made two representations on 09.12.2017 and 11.12.2017 including the particulars of transfer of Panchami lands to Scheduled Caste and Scheduled Tribe Community people and thus sought for action.
2.Insofar as Kodaikkanal circle is concerned, the Tahsildar, Kodaikkanal, Dindigul District viz., the respondent No.11 has taken some action and sent a communication to the respondent No.9 viz., the Revenue Divisional Officer, Kodaikkanal, in Na.Ka.7337/2011/Aa2, dated 24.01.2018. Thus, further actions ought to be taken by the respondent Nos.9 and 5. Insofar as the complaint made to respondent No.12 is concerned, no action is forthcoming. 3.Under those circumstances, a direction is issued to the respondent Nos.9 and 5 to take appropriate action in respect of the communication dated 24.01.2018, sent by the respondent No.11 within a period of 12 weeks from the date of receipt of a copy of this
order. A further direction is issued to respondent No.12 to take appropriate action on the representation of the petitioner within a period of 12 weeks from the date of receipt of a copy of this order. It is needless to state that the respondents concerned namely the District Collector, Dindigul, the Revenue Divisional Officer, Dindigul, the Tahsildar, Senkottai, the Revenue Divisional Officer, Tirunelveli and the District Collector, Tirunelveli are expected to follow the principles of natural justice, which require a party to be put on notice before any adverse order is passed. 4.With the above directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Principal Secretary, SC/ST Welfare Department Secretariat St. George Fort, Chennai-9.
2.The Secretary to Government Revenue Department Chennai-09.
3.The Inspector of Registration, Chennai.
4.The Inspector of Land Survey & Settlement, Chennai.
5.The District Collector, Dindigul District, Dindigul.
6.The District Collector, Tirunelveli District, Tirunelveli.
7.The District Adi Travidar Welfare Officer, 8.The District Adi Travidar Welfare Officer, 9.The Revenue Divisional Officer, Kodaikkanal, 10.The Revenue Divisional Officer, Tenkasi, 11.The Tahsildar, Kodaikkanal
12.The Tahsildar, Senkottai, 13.The Sub Registrar, Kodaikkanal Sub-Registrar Office, Kodaikkanal, Dindigul District.
14.The Sub Registrar, Vathalagundu Sub Registrar Office, Vathalagundu, Dindigul District.
15.The Sub Registrar, Panpozhi Sub Registrar Office, Senkottai Taluk, +1cc to M/S.M.R.Sreenivasan, Advocate SR.No. 77510 +1cc to Special Government Pleader, SR.No. 77537 Writ Petition (MD) No.3383 of 2018 06/08/2018 vs JM/KAK/SAR 3/27.08.2018/4P/18C