Murugesan v. The Commissioner

/BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14445 2022 Murugesan ... Petitioner Vs.

1. The Commissioner, Adi Dravidar and Tribal Welfare Directorate, Chepauk, Chennai - 600 005.

2. The District Collector, Office of the District Collector, Madurai District - 625 020.

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

4. The Revenue Divisional Officer, Officer of the Revenue Divisional Officer,

5. The Special Tahsildar (L.A), Adi Dravidar Welfare - Unit II, Madurai - 625 020.

6. The Tahsildar, Melur Taluk Office, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to issue patta in favour of the petitioner in Survey No.385/8B with extent about 0.07.0 ares which is situated at Chokkalingapuram, Melur Taluk, Madurai District by considering his representations dated 07.01.2021 and 13.06.2022.

For Petitioner :

Mr.A.Abdul Kabura For Respondents :

Mr.K.Balasubramani Special Government Pleader

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents.

2. The petition mentioned property was the subject matter of acquisition proceedings under the Land Acquisition Act, 1894. The proceedings were initiated way back in the year 1994. The Writ Petitions were filed in W.P.Nos.6358 of 1995 etc., batch. Initially, interim order of stay was granted and later, the Writ Petitions were allowed and the acquisition proceedings were quashed. The petitioner continued to be in possession and enjoyment of the property. Since on account of acquisition proceedings, the classification of the land was changed, the patta could not be issued in the name of the writ petitioner. The petitioner had earlier moved this Court and obtained a direction for consideration of his application and for patta. But nothing appears to have come out of it. Therefore, the present Writ Petition came to be filed.

The land has been classified as 'Adi Dravidar Natham'. Such acquisition proceedings were initiated for the welfare and benefit of the Adi Dravidar Community. Though the land has been classified as 'Adi Dravidar Natham', originally the land was a patta land. Since the acquisition proceedings has been quashed, as a sequitur, the first respondent ought to have reclassified the land, but it has not been done so.

respondent or the concerned authority is directed to reclassify the land forthwith without further delay. The petition mentioned land shall be shown as patta land in the revenue records. The orders to be passed by the first respondent shall be implemented by the fifth respondent without any delay. The sixth respondent is directed to issue patta in favour of the writ petitioner. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

3. Accordingly, this Writ petition is allowed. No costs. 25.08.2022 (7/14) Index : Yes / No Speaking Order : Yes / No vji Note: Issue order copy by 02.09.2022

To

1. The Commissioner, Adi Dravidar and Tribal Welfare Directorate, Chepauk, Chennai - 600 005.

2. The District Collector, Office of the District Collector, Madurai District - 625 020.

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

4. The Revenue Divisional Officer, Officer of the Revenue Divisional Officer,

5. The Special Tahsildar (L.A), Adi Dravidar Welfare - Unit II, Madurai - 625 020.

6. The Tahsildar, Melur Taluk Office,

G.R.SWAMINATHAN, J.

vji 25.08.2022 (7/14)