Jeya v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2498 of 2014 and M.P.(MD).Nos. 2 to 5 of 2014 1.Jeya 2.Lakshmi 3.Subbammal 4.Ambikapathi 5.Mariyammal 6.Rajan 7.Sollamuthu 8.Indira 9.Ramasamy 10.Mariyappan 11.Saraswathi 12.Esakkiyammal 13.Sankaravadivoo 14.Jeya 15.Saroja 16.Susila 17.Anbarasi 18.Sekar 19.Janaki 20.Petchi 21.Ramasubiramaniyan 22.Jems 23.Eswari 24.Nagammal 25.Rajendran 26.Santhi 27.Prema 28.Amutha Sharmila 29.Vijyalakshmi 30.Saraswathi 31.Selvi 32.Samuvel Jeyaseelan 33.Dhevaraj 34.Esaki 35.Madathi 36.Vijaya 37.Vennimuthu

38.Anantharaj 39.Rani 40.Saraswathi 41.Sumathi 42.Kamalam 43.Chellammal 44.Lakshmi 45.Inbavalli 46.Sundaravalli 47.Santhi 48.Arulkani 49.Kannan 50.Suresh 51.Esakimuthu 52.Poomari 53.Barani 54.Kaliammal 55.Annathai 56.Arputharaj 57.Vadivoo ... Petitioners Vs.

1.The Government of Tamil Nadu, Rep.by The Secretary, Adi Dravidar Welfare Department, Fort St. George, Chennai - 9.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Special Tahsildar, (Adi Diravidar Welfare), Land Acquisition, Cheranmahadevi, Tirunelveli District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from evicting the petitioners from their dwelling houses without considering the petitioner's request to acquire the lands in survey Nos.176/1B, 176/2A2, 178/1A1, 179/1B, 179/2A, 179/2B and for consequential patta to the petitioners.

For Petitioners : Mr.M.Maran For R1 to R3 : Mr.M.Govindan Special Government Pleader

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The petitioners are 57 in number. They belong to Scheduled Caste Community. According to the writ petitioners, about 147 Adi Dravidar families are residing in Survey Nos. 176/1B, 176/2A2, 178/1A1, 179/1B, 179/2A, 179/2B, Ponmanagar Kelatheru, Kallidaikuruchi, Ambasamuthiram Taluk, Tirunelveli District. 2.They have been representing to the authorities concerned for issuance of free house site patta. The said occupants are also facing threats from certain private parties. The Writ Petitioners, therefore, submitted representation dated 03.02.2014 to the authorities. The same has not yet been considered so far. In these circumstances, the present writ petition has been filed for protecting their possession.

3.Since the Writ Petitioners belong to the marginalised sections of the Society, this Court directs the second respondent to sympathetically look into their representation dated 03.02.2014 and thereafter, pass appropriate order in accordance with law, taking into account the condition of the writ petitioners, within a period of three months from the date of receipt of a copy of this order. Till a decision is taken by the second respondent, the writ petitioners ought not be evicted. In any event, the writ petitioners shall not be dispossessed, except by due course of law.

4.The writ petitions are accordingly disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub-Assistant Registrar To:

1.The Secretary, Government of Tamil Nadu, Adi Dravidar Welfare Department, Fort St. George, Chennai - 9. 2.The District Collector, Tirunelveli District, Tirunelveli.

3.The Special Tahsildar, (Adi Diravidar Welfare), Land Acquisition, Cheranmahadevi, Tirunelveli District. Ls/gk RL/4C/3P/GT/SAR1/11/9/2017 W.P.(MD)No.2498 of 2014 17 August 2017