Madras High CourtWP(MD)/19813/2017disposed of

Jegadeesan, S/O.Muniyandi, v. The District Collector

2017-10-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.19813 of 2017 1.Jegadeesan 2.M.Yuvaraj 3.K.Rajendran ... Petitioners Vs.

1. The District Collector, Ramanathapuram District.

2. The Special Thasildar, Adi Dravidar Welfare Department, Mudukulathur, Ramanathapuram District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India prayed to issue Writ of Mandamus directing the respondents to conduct survey in-respect of assignment Plots No.26, 52, 96 in Survey Nos.79/4, 79/5, 130/1A, B & C, Keelakodumalur, Village, Mudukulathur Taluk, Ramanathapuram District and consequently directing the respondents to hand over the physical possession of the above lands to the petitioners.

For Petitioners : Mr.RM.Arun Swaminathan For Respondents : Mr.P.Alagudevan, Special Government Pleader.

ORDER

It is the case of the writ petitioners that they are land less poor and that based on the proceedings of the 1st respondent, the 2nd respondent had issued free patta by proceedings, dated 21.03.2017, assigning three cents of land. But the matter has https://hcservices.ecourts.gov.in/hcservices/ simply remained there. There has been no subsequent survey of lands or handing over of land to the assignees. Therefore, the petitioners

approached the 2nd respondent and gave a representation, but nothing has been forthcoming. Therefore, they have filed the present writ petition.

2. The petitioners have enclosed the assignment orders in the typed set of papers. Though the second respondent has already been issued the assignment patta, there is no justification in not physically handing over the assigned 3 cents of land to the petitioners.

3. This Court, therefore, issues Writ of Mandamus as prayed for. The second respondent shall take steps to conduct survey and hand over physical possession of the assigned land within a period of 12 weeks from the date of receipt of a copy of this order. The writ petition stands allowed, accordingly. No costs. Sd/- Assistant Registrar () /True Copy/ Sub Assistant Registrar To

1. The District Collector, Ramanathapuram District.

2. The Special Thasildar, Adi Dravidar Welfare Department, Mudukulathur, Ramanathapuram District.

+1cc to M/S.R.M.ARUN, Advocate SR.No.83917.

+1cc to Special Government Pleader in SR.No.84214. W.P.(MD).No.19813 of 2017 27.10.2017 kmi/dss SDS/SKN:RSK/SAR 4/08.11.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/