Saroja, W/O.Chinnaiah, v. The Secretary To Government,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 22.09.2017
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.18046 of 2017 Saroja ..Petitioner Vs 1.The Secretary to Government, Adi Dravidar Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2.The District Collector, Sivagangai District.
3.The District Schedule Caste and Schedule Tribe Welfare Officer, Sivagangai District.
4.The Revenue Divisional Officer, (Sub-Collector), Ramnagar, Devakkottai, Sivagangai District.
5.The Special Tahsildar, Adi Dravidar Welfare Department, Ram Nagar, Devakkottai, Sivagangai District.
..Respondents.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the District Schedule Caste and Schedule Tribe Welfare Officer, the third respondent to conduct the enquiry in the light of the communication dated 23.12.2016 of the Special Tahsildar, the 5th respondent herein and pass appropriate orders for assignment of house sites to the Petitioner in S.No.240/7A, at Kallal Village, Karaikudi Taluk, Sivagangai District and grant patta to the Petitioner by considering the representation, dated 29.5.2017.
For Petitioner :M/s.S.Sivathilakar For Respondents :Mr.C.Selvaraj Spl.Govt.Pleader
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the District Schedule Caste and Schedule Tribe Welfare Officer, the third respondent to conduct the enquiry in the light of the communication dated 23.12.2016 of the Special Tahsildar, the 5th respondent herein and pass appropriate orders for assignment of house sites to the Petitioner in S.No.240/7A, at Kallal Village, Karaikudi Taluk, Sivagangai District and grant patta to the Petitioner by considering the representation, dated 29.5.2017.
2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents.
3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.Mr.S.Sivathilakar, learned counsel for the Petitioner would submit that the Petitioner belongs to Adi Dravidar Community. She is a poor agricultural coolie and is residing in a rental premises. The Petitioner submitted an application for assignment of patta. The 5th respondent after conducting enquiry, has recommended issuance of patta, but the third respondent passed no orders so far. The Petitioner has also given a representation to the respondents on 29.5.2017 to the respondents. Since no action was taken, the Petitioner has come forward with the present Writ Petition for the relief stated supra.
5.In view of the limited scope of the prayer sought for in this Writ Petition and considering the facts and circumstances of the case, without going into the merits of the case, this Court directs the third respondent to pass orders based on the recommendation of the 5th respondent, dated 23.12.2016, on merits and in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order 6.With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar
To 1.The Secretary to Government, Adi Dravidar Welfare Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2.The District Collector, Sivagangai District.
3.The District Schedule Caste and Schedule Tribe Welfare Officer, Sivagangai District.
4.The Revenue Divisional Officer, (Sub-Collector), Ramnagar, Devakkottai, Sivagangai District.
5.The Special Tahsildar, Adi Dravidar Welfare Department, Ram Nagar, Devakkottai, Sivagangai District.
+1cc to M/S.S.SIVA THILAKAR, Advocate SR.No.80710 vsn MAS/MR-KKR/SAR1:05.10.2017:3P-7C W.P(MD)No.18046 of 2017 22.09.2017(17/23)