Balu Natchiyar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD).No.17325 of 2023 and WMP(MD) Nos.14521 & 14545 of 2023 Balu Natchiyar ... Petitioner Vs 1.The District Collector, O/o. The District Collector, Ramanathapuram District.
2.The District Revenue Officer, O/o. The District Revenue Office, Ramanathapuram District.
3.The Director, O/o. The Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai.
4.The Special Tahsildar, O/o. the Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Ramanathapuram District.
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5.The Commissioner, The Road Transport Corporation, Ministry of Highways, Government of India, New Delhi.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the fourth respondent in Na.Ka.No.270/2000, dated 05.07.2001 and quash the same as illegal and consequently direct the respondents 1 and 2 to issue patta in favour of the petitioner by considering the petitioner's representation dated 06.01.2023, within the time stipulated by this Court.
For Petitioner : Mr.S.Mohamed Ali Jinnah For Respondents : Mr.M.Sarangan Additional Government Pleader
O R D E R
The case of the petitioner is that the petitioner's land in S.No.47/2, Valllakulam, Paramakudi Taluk, Ramanathapuram has been acquired by the Adi Dravidar and Tribal Welfare Department. However, compensation has not been provided to the petitioner. 2/6
2.Mr.M.Sarangan, learned Additional Government Pleader, who takes notice for the respondents, on instructions submits that the petitioner claims compensation for the land in S.No.47/2, Valllakulam, Paramakudi Taluk, Ramanathapuram. However, patta for the subject land stands in the name of one Naina Mohammed Sahib. Hence, notice was issued to the said Naina Mohammed Sahib as well as to the petitioner. The petitioner has not produced any relevant revenue records to substantiate that she is the owner of the above land. Therefore, the compensation for the land has been deposited in the account of the donor as per the revenue records. He further submits that in the event if the petitioner approaches the District Revenue Officer, along with the relevant records, after verification of the ownership of the land, compensation would be given to the petitioner. 3/6
3.Recording the submission made by the learned Additional Government Pleader, this writ petition is disposed of with a liberty to the petitioner to approach the District Revenue Officer, Ramanathapuram within a period of three weeks from the date of receipt of a copy of this order. On receipt of such application, the same shall be considered by the District Revenue Officer, Ramanathapuram/ the second respondent after ascertaining the ownership of the land and also by providing an opportunity of personal hearing to the petitioner within a period of twelve weeks from thereon. No costs. Consequently, connected Miscellaneous Petitions are closed. 19.07.2023 NCC : Yes / No.
Index : Yes / No.
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To 1.The District Collector, O/o. The District Collector, Ramanathapuram District.
2.The District Revenue Officer, O/o. The District Revenue Office, Ramanathapuram District.
3.The Director, O/o. The Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai.
4.The Special Tahsildar, O/o. the Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Ramanathapuram District.
5.The Commissioner, The Road Transport Corporation, Ministry of Highways, Government of India, New Delhi.
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B.PUGALENDHI, J.
vrn Order made in WP(MD).No.17325 of 2023 and WMP(MD) Nos.14521 & 14545 of 2023 19.07.2023 6/6