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Madras High CourtWP(MD)/24638/2016dismissed

Tamil Nadu Scheduled Tribe v. Government Of Tamil Nadu

2017-07-11Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.24638 of 2016 and W.M.P(MD)No.17765 of 2016 Tamil Nadu Scheduled Tribe (Malayali) Peravai, Represented by its State President, V.Marimuthu ... Petitioner vs.

1.Government of Tamilnadu, Rep. By its Secretary, Revenue Department, 2.Government of Tamilnadu, Rep. By its Secretary, Adi Diravidar & Tribal Welfare Department, 3.The District Collector, Trichy District.

4.National Commission for Scheduled Tribe, Rep. By its Chairperson, Loknayak Bhawan, New Delhi - 110 003.

5.The Inspector General of Registration, 4/4, Fourth Trust Link Street, Raja Annamalaipuram, Chennai 600 028.

6.The Thasildhar, Thuraiyur, Trichy District.

7.Narasimman 8.G.V.Chandrasekaran ... Respondents

(Respondents 7 & 8 are impleaded vide order dated 06.04.2017 in WMP Nos.2350 & 2421 of 2017) PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 5th respondent to cancel all the registered illegal alienation of the patta lands owned by the tribal people alienated to the non tribal people in the Sub-Registrar office, Uppliyapuram, Sub-Registrar office, Thuraiyur, in Tiruchirappalli District and further direct the 3rd and 5th respondent to cancel the patta issued on the basis of the registered illegal alienation made to the non tribal people from the tribal people in Pachaimalai hills.

For Petitioner : Mr.A.Balamani For RR 1 to 3, 5 & 6 :Mr.T.S.Mohamed Mohideen, AGP For R4 : Mr.N.Shanmuga Selvam, Standing Counsel For R8 : Mr.M.Mohamed Imran for M/s. Ajmal Associates

O R D E R

(Order of the Court was made by K.K.SASIDHARAN, J.) The prayer in the writ petition is to conduct a roving enquiry with respect to the illegal alienation of the patta lands owned by the tribal people to the non tribal people registered in the Sub-Registrar office, Uppliyapuram, and Sub-Registrar office, Thuraiyur.

2.The affidavit filed in support of the writ petition is vague in the sense that no relief could be granted to the petitioner.

3.We therefore dismiss the writ petition, with liberty to the petitioner to file a comprehensive writ petition indicating the details of the alienation made in favour of the non tribal people. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The Secretary, Revenue Department,

2.The Secretary, Adi Diravidar & Tribal Welfare Department, 3.The District Collector, Trichy District.

4.National Commission for Scheduled Tribe, Rep. By its Chairperson, Loknayak Bhawan, New Delhi - 110 003.

5.The Inspector General of Registration, 4/4, Fourth Trust Link Street, Raja Annamalaipuram, Chennai 600 028.

6.The Thasildhar, Thuraiyur, Trichy District.

+1cc to M/S.Special Government Pleader,SR. 65235 +1cc to M/s.Ajmal Associates,Advocate,SR.64789 +1cc to Mr.T.Senthil Kumar,Advocate,SR. 64709 +1cc to Mr.N.Shanmuga Selvam,Advocate,SR. 64882 W.P(MD)No.24638 of 2016 and W.M.P(MD)No.17765 of 2016 11.07.2017 GK/SKM KK/SKN RSK/SAR2/26.07.2017/3P-11C/