Veluthai, W/O.Guruvu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.5545 of 2018 Veluthai ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The District Aadhi Dravidar & Tribals Welfare Officer, Dindigul District, Dindigul.

3.The Special Tahsildar, Nilakottai, Dindigul District.

4.Murugan ... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Mandamus, to direct the 3rd respondent to implement the order passed by the 2nd respondent in his proceedings in Na.Ka.No.32797/2015/H2 dated 02.12.2015 with in stipulated time fixed by this Court on the basis of considering the petitioners representation dated 29.01.2018.

For Petitioner : Mr.T.Sathiyanathan For Respondents 1-3 : Mrs.J.Padmavathidevi, Special Government Pleader.

ORDER

This writ petition has been filed seeking direction to the third respondent to implement the order passed by the second respondent vide his proceedings in Na.Ka.No.32797/2015/H2, dated 02.12.2015 by considering the representation of the petitioner dated 29.01.2018 within a stipulated time fixed by this Court. 2.Heard Mr.T.Sathiyanathan, learned counsel appearing for the petitioner and Mrs.J.Padmavathidevi, learned Special Government Pleader appearing for the respondents 1 to 3. Notice to the fourth respondent is dispensed with in view of the nature of the order to be passed.

3.According to the petitioner, Plot No.95 in S.No.180/5B, 180/5C, 6B, 11a, 12A, 13A, 5A, situated at Kullalakundu Village, Nilakottai Taluk, Dindigul District has been allotted to the petitioner under the Aadhi Dravidar Welfare Scheme during the year 1994. Based on the said allotment, the petitioner has also constructed a house thereon and he is also paying house tax to the https://hcservices.ecourts.gov.in/hcservices/

panchayat. While so, the said plot has been once again allotted to the fourth respondent. Therefore, the petitioner has submitted representation to the respondents.

Based on the said representation, the first respondent by an order dated 03.11.2014 directed the second respondent to enquire into the matter. Thereafter, the second respondent by another order dated 02.12.2015 directed the third respondent to conduct enquiry but, no action has been taken. Hence, the petitioner has submitted a representation dated 29.01.2018 before the first respondent. Since no order has been passed, the petitioner has filed the present writ petition. 4.Considering the facts and circumstances of the case and considering the fact that the said representation is pending with the third respondent, this Court, without going into the merits of the case, directs the third respondent to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as to the fourth respondent. 5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul.

2.The District Aadhi Dravidar & Tribals Welfare Officer, Dindigul District, Dindigul.

3.The Special Tahsildar, Nilakottai, Dindigul District.

+One cc to Mr.B.Anandan, Advocate, SR.No.55534 +One cc to The Special Government Pleader, SR.No.55955 sms RL/6C/2P/KK/SAR1/3/4/2018 Writ Petition (MD) No.5545 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 15.03.2018