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Madras High CourtWP(MD)/14795/2022disposed of

Jayandaran.R v. The State Of Tamil Nadu

2022-08-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Jayandaran ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Fort St.George, Chennai.

2.The District Collector, Virudhunagar, 3.The District Adi Dravidar Welfare Officer, Virudhunagar, 4.The Special Tahsildar, Aruppukottai, Virudhunagar District.

5.The Revenue Tahsildar, Tiruchuzhi, Virudhunagar District.

6.Valli 7.The Superintendent of Police, ... Respondents (R7 is suo motu impleaded vide order dated 26.08.2022 in W.P.(MD)No.14795 of 2022 by GRSJ) 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 to 5 to take appropriate action in light of the proceedings of the 4th respondent Special Tahsildar dated 01.06.2022 and restore possession of the land and house allotted to petitioner's father (M. Raman) under Adi Dravidar Welfare Scheme in Plot No.48 admeasuring 3 cents in Survey No.10/2, 3, 4, 5, 6 and 11/3A in Nallukurithchi Village, Thiruchuli Taluk, Virudhunagar District to the petitioner, within a reasonable time frame stipulated by this Court. For Petitioner : Mr.Mohamed Asik Jaman For Respondents : Mr.G.Sivaraja, Govt. Advocate for R1 to R5 & R7.

Mr.B.Anandan for R6.

ORDER

Heard the learned counsel on either side.

2.The case of the writ petitioner is that his father was allotted the petition mentioned site along with house. The petitioner's father is said to have been murdered in the year 2014. Whileso, the sixth respondent claiming that there was some financial transaction between her and the father of the writ petitioner is said to have forcibly occupied the said property. The petitioner is presently residing in a neighbouring village. The petitioner had already given a 2/4

complaint dated 18.04.2022 before the Superintendent of Police, Virudhunagar District. The Superintendent of Police, Virudhunagar District is directed to cause enquiry into the said complaint. If the authority is satisfied that the property in question was allotted only in favour of the writ petitioner's father and if it is also found that the sixth respondent herein is occupying the same without any manner of right or title, then case for land grabbing shall be registered and appropriate action shall be taken as per law. 3.The writ petition is disposed of accordingly. No costs. 26.08.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The Secretary, Fort St.George, Chennai.

2.The District Collector, Virudhunagar, 3.The District Adi Dravidar Welfare Officer, Virudhunagar, 3/4

G.R.SWAMINATHAN, J.

ias 4.The Special Tahsildar, Aruppukottai, 5.The Revenue Tahsildar, Tiruchuzhi, 6.The Superintendent of Police, 26.08.2022 (2/2) 4/4