Madras High CourtWP(MD)/14122/2021disposed of

Kannaiya.R v. The District Adi-Dravida Welfare Officer,

2021-08-12Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.14122 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2021

CORAM:

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.14122 of 2021 R.Kannaiya ... Petitioner versus 1.The District Adi-Dravidar Welfare Officer, Ramanathapuram District, Ramanathapuram.

2.The Special Tahsildar, Adi-Dravidar Welfare Office, Paramakudi, Ramanathapuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents to survey and demarcate the petitioner house site plot comprised in Plot No.146 in Survey Nos.41/7A1B, 41/8A, 9A, 10A, 11A, 41/3A1 & 41/7A1, measuring to an extent of 2 cents, out of total extent of 1.94.5 Hectares situated at Emaneshwaram Group, Emaneshwaram, Paramakudi Taluk, Ramanathapuram District, based on the representation dated 24.08.2020 submitted to the respondents, within the time frame that may be fixed by this Court. For Petitioner : Mr.A.Vadivel For Respondents : Mr.P.Subbaraj Counsel for state

O R D E R

The petitioner seeks a direction for the survey and demarcation of his house site plot comprised in plot No.146, bearing Survey Nos.41/7A1B, 41/8A, 9A, 10A, 11A, 41/3A1 & 41/7A1, measuring an extent of 2 cents out of the total extent of 1.94.5 Hectares situated at Emaneshwaram Group, Emaneshwaram, Paramakudi Taluk, Ramanathapuram District,

2. The petitioner states that an assignment patta was issued in his favour on 14.06.2016 by the Special Thasildar, Adi Dravidar Welfare, Paramakudi. Such assignment patta was issued under the free patta scheme. However, the petitioner states that his property has not been surveyed in order to demarcate the same. As a consequence, he is unable to ascertain the precise boundaries of his plot. For such purpose, he submitted a representation on 24.08.2021 to the second respondent and has approached this Court in view of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.14122 of 2021 failure of the second respondent to dispose of such a representation.

3. Mr.R.Baskaran, learned counsel for the States, accepts notice on behalf of both the respondents. He submits that the petitioner's representation in such regard may be considered and disposed of on merits.

4. Accordingly, without going into the merits of the matter, the second respondent herein is directed to consider the petitioner's representation dated 24.08.2021 for the survey and demarcation of his house site plot. Such representation shall be disposed of by a reasoned order within a period of three months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and any others who would be affected by such decision.

5. W.P.(MD).No.14122 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

To 1.The District Adi-Dravidar Welfare Officer, Ramanathapuram District, Ramanathapuram.

2.The Special Tahsildar, Adi-Dravidar Welfare Office, Paramakudi, Ramanathapuram District.

+1 CC to M/s.A.VADIVEL, Advocate ( SR-26293[F] dated 13/08/2021 ) +1 CC to M/s.SPL GP ( SR-26383[F] dated 16/08/2021 ) W.P(MD)No.14122 of 2021 12.08.2021 GC(27.08.2021)/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2