K. Kaleeswari v. The Dist. Adi-Dravidar Welfare Office
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR K.Kaleeswari ... Petitioner Vs.
1.The District Adi-Dravidar Welfare Officer Ramanathapuram District, Ramanathapuram.
2.The Special Tahsildar, Adi-Dravidar Welfare Office, Ramanathapuram District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to survey and demarcate the petitioner's house site plot comprised in Plot No.72, in Survey No.77/4, to an extent of 0.03 Acre, situated at Karenthal Village, Ramanathapuram Taluk, Thoruvalur Post, Ramanathapuram District, based on the representation dated 10.09.2020 submitted to the respondents, within the time frame that may be fixed by this Court. For Petitioner : Mr.A.Vadivel For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader
ORDER
This writ petition is filed to direct the respondents to survey and demarcate the petitioner's house sit plot comprised, in Plot No.72 , in Survey No.77/4, measuring to an extent of 0.03 Acre, situated at Karenthal Village, Ramanathapuram Taluk, Thoruvalur Post, Ramanathapuram District, based on the representation dated 10.09.2020 submitted to the respondents.
2.Heard Mr.A.Vadivel, learned counsel appearing for the petitioner and Mr.C.M.Mari Chelliah Prabhu, learned Special Government Pleader appearing for the respondents. 3.According to the petitioner, in the year 2013, the District Administration has given house site comprised, in Plot No.72 , in Survey No.77/4, measuring to an extent of 0.03 Acre, situated at Karenthal Village, Ramanathapuram Taluk, Thoruvalur Post, Ramanathapuram District, in a free patta scheme. Therefore, in order to construct a house in the aforesaid plot, the petitioner wants to 1/3
survey and demarcate the property. In this regard, the petitioner made a representation dated 10.09.2020 to the respondents. Since no action has been taken, the petitioner is before this Court. 4.The learned Additional Government Pleader appearing for the respondents submitted that the petitioner made a representation to the respondents on 10.09.2020, without giving sufficient time to the respondents, as per the Government Order to consider the petitioner's representation, the petitioner has approached this Court.
5.However, considering the period as prescribed in the Government Order, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following orders: (i)The respondents shall consider the petitioner's representation dated 10.09.2020 to measure the petition mentioned property as claimed by the petitioner in the representation, in accordance with law, after providing opportunity to the petitioner as well as the interested parties, if any.
(ii)If any objection is made, the respondents shall conduct an enquiry and take appropriate decision. The copy of the said decision shall also be communicated to the parties concerned. (iii)The said exercise shall be completed as expeditiously as possible, by strictly following the guidelines of the Government Order.
6.With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The District Adi-Dravidar Welfare Officer Ramanathapuram District, Ramanathapuram.
2.The Special Tahsildar, Adi-Dravidar Welfare Office, Ramanathapuram District.
+1 CC to M/s.A. VADIVEL, Advocate ( SR-18618[F] dated 01/10/2020 ) +1 CC to M/s.GP ( SR-19050[F] dated 05/10/2020 ) kmv(CO) KK(02.11.2020) 3P 5C 3/3