M.Raman, v. The District Adi - Dravidar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.23047 of 2017 M.Raman ... Petitioner -vs1. The District Adi-Dravidar Welfare Officer, District Adi-Dravidar Welfare Department, Virudhunagar, Virudhunagar District.
2. The Special Tahsildar, Adi-Dravidar Welfare, Srivilliputhur, Virudhunagar District.
3. The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, directing the third respondent not to effect any mutation in the revenue records in respect of the lands to the total extent of 044.0 Hectares comprised in S.Nos.1474/1A, 1474/1B, 1474/1C, 1474/2A1, 1474/2B1 & 1474/2C1, situated in Melarajakularaman Village, Rajapalayam Taluk, Virudhunagar District as per the assignment order of the second respondent dated 12.08.2001 in Na.Ka.A1/261/97, by considering the representation of the petitioner dated 23.08.2017. For Petitioner : Mr.V.Sasikumar For Respondents : Mr.M.Alagathevan Spl. Govt. Pleader *****
O R D E R
This writ petition has been filed, seeking a direction to the third respondent not to effect any mutation in the revenue records in respect of the lands to the total extent of 044.0 Hectares comprised in S.Nos.1474/1A, 1474/1B, 1474/1C, 1474/2A1, 1474/2B1 & 1474/2C1, situated in Melarajakularaman Village, Rajapalayam Taluk, Virudhunagar District as per the assignment order of the second respondent dated 12.08.2001 in Na.Ka.A1/261/97, by considering the representation of the petitioner dated 23.08.2017.
2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/
3. The case of the petitioner is that he was declared as one of the beneficiaries for availing a land under the provisions of Tamil Nadu Land Acquisition Harijan Welfare Act by proceedings dated 12.08.2001 and pursuant to the delay on the part of the second respondent, the original land owners, suppressing the factum of pendency of acquisition proceedings, attempted to change the patta in favour of subsequent buyers. Therefore, the petitioner has submitted a representation dated 23.08.2017 to the 3rd respondent, seeking not to effect mutation of records. Since the said representation did not evoke any response so far, the petitioner is before this Court with the above prayer.
4. The learned Special Government Pleader appearing for the respondents would submit that if a reasonable time is granted to the third respondent, the representation of the petitioner will be considered and appropriate orders be passed.
5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the third respondent to consider the representation dated 23.08.2017 of the petitioner and pass necessary orders thereon on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any.
6. With the above direction, this petition is disposed of. No costs.
Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To:
1. The District Adi-Dravidar Welfare Officer, District Adi-Dravidar Welfare Department, Virudhunagar, Virudhunagar District.
2. The Special Tahsildar, Adi-Dravidar Welfare, Srivilliputhur, Virudhunagar District.
3. The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
+One c to The Special Government Pleader, SR.No.93717 +One cc to Mr.A.Mohan, Advocate, SR.No.93246 ar RL/6C/2P/KKR/SAR4/27/12/2017 W.P(MD)No.23047 of 2017 15/12/2017 https://hcservices.ecourts.gov.in/hcservices/