Madras High CourtWP(MD)/4540/2015dismissed

K. Sivalingam v. The Director

2016-09-22Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.4540 of 2015 K.Sivalingam .. Petitioner Vs.

1.The Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai - 600 005.

2.The District Collector, Madurai District.

3.The District Welfare Officer, Adi Dravidar and Tribal Welfare Department, Collectorate Campus, Madurai.

4.The Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Collectorate Campus, Madurai.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to cancel the allotment Patta issued in respect of the lands in Survey Nos.68/6B3 and 68/6B4, situates at Veerapandi Village, Madurai North Taluk, Madurai District and issue fresh allotment Patta to the landless Adi Dravidar community people identified and mentioned in the representation dated 16.12.2014.

For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.T.R.Janarthanan, Additional Government Pleader.

ORDER

[Order of the Court was made by S.NAGAMUTHU, J] The petitioner has come up with this Public Interest Litigation, seeking a direction to the respondents to cancel the https://hcservices.ecourts.gov.in/hcservices/

allotment patta issued in respect of the lands in Survey Nos.68/6B3 and 68/6B4, situate at Veerapandi Village in Madurai North Taluk, Madurai District and issue fresh allotment patta to the landless Adi Dravidar community people, identified and mentioned in the representation, dated 16.12.2014. 2.We have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. We have also perused the records carefully. 3.The records would reveal that patta has already been issued to 30 persons in the Village, but those beneficiaries are not before this Court as parties. In the absence of the beneficiaries, for whom, patta has been issued, it is not possible to consider the request made by the petitioner. The writ petition cannot be entertained in the absence of beneficiaries. In such view of the matter, the writ petition is dismissed. No costs. Sd/ Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar.

To 1.The Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai - 600 005.

2.The District Collector, Madurai District.

3.The District Welfare Officer, Adi Dravidar and Tribal Welfare Department, Collectorate Campus, Madurai.

4.The Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Collectorate Campus, Madurai.

+1CC to M/S.D.Shanmugaraja Sethupathi,Advocate, SR.No. 55005 +1CC to the Special Government Pleader, SR.No. 55595 ORDER MADE IN W.P(MD)No.4540 of 2015 22.09.2016 Smn AM/GSV.PM/18.10.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/