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Madras High CourtWP(MD)/16803/2022disposed of

Sundareshwari. K v. The District Collector

2025-01-10Honourable Mr Justice G.K. Ilanthiraiyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)No.12195 of 2022

1. Sundareshwari. K

2. Chinnaiah. M

3. Ramu. G

4. Balamurugan. P ... Petitioners /Vs./

1. The District Collector Office of the District Collector, Madurai District.

2. The District Adi-Dravidar and Tribal Welfare Officer, O/o. the District Collector, Madurai District.

3. The Special Tahsildar Adi-Dravidar Welfare (Unit-I), Madurai District.

4. The Panchayat President Nagamalai Pudukottai Panchayat, Madurai District.

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5. Muthulakshmi

6. Velusami

7. Chellamal. K .. Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to make a spot inspection to the land in plots Nos.55, 56, 57 and 58 in survey No.55/14 12B and 18 situated in Achampathu Village Madurai District to ensures the petitioners' life and liberty to construct the houses as per section 6 and 12 of Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989 and Rules 1995 and consequently restraining the respondents 5 to 7 from interfering the peaceful enjoyment over the said land of the petitioners by considering the petitioners' representation dated 07.07.2022 within the time period stipulated by this Court. For Petitioners : Mr.T.Thirumurugan For Respondents : Mr.D.Gandhi Raj Special Government Pleader for R1-5

ORDER

This writ petition has been filed seeking for a mandamus to direct the first respondent to make a spot inspection to the land in plots Nos.55, 56, 57 and 58 in survey No.55/14 12B and 18 situated in Achampathu 2/5

Village, Madurai District, to ensure the petitioners' life and liberty to construct the houses as per Sections 6 and 12 of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Rules 1995 and consequently restraining the respondents 5 to 7 from interfering the peaceful enjoyment over the said land of the petitioners by considering the petitioners' representation dated 07.07.2022.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. Without expressing any opinion on merits of the writ petition, the first respondent is directed to consider the representation submitted by the petitioner dated 07.07.2022, and dispose the representation submitted by the petitioner, after conducting enquiry and after giving an opportunity to the petitioner as well as the respondents 5 to 7 and and pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order, if not already disposed of.

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4. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 10.01.2025 NCC :

Yes / No Index : Yes/No LS TO:-

1. The District Collector Office of the District Collector, Madurai District.

2. The District Adi-Dravidar and Tribal Welfare Officer, O/o. the District Collector, Madurai District.

3. The Special Tahsildar Adi-Dravidar Welfare (Unit-I), Madurai District.

4. The Panchayat President Nagamalai Pudukottai Panchayat, Madurai District.

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G.K.ILANTHIRAIYAN , J.

LS Order made in Dated:

10.01.2025 (2/2) 5/5