Dr. Sannasi, v. The Secretary To The Govt.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 01.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and MP(MD)No.1 of 2014 Sannasi ... Petitioner Vs 1.The Secretary to Government of Tamil Nadu Animal Husbandry Department, Fort St.George, Chennai.

2.The Director, Animal Husbandry Department, Vepery, Chennai.

3.The District Collector, Theni District.

4.The District Revenue Officer, Theni District.

5.The Revenue Divisional Officer, Theni District.

6.The Tahsildar, Theni Taluk, Theni.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus 1/6

directing the respondents to evict the encroachers from the property comprised in Ian Survey No.243/A, 240/1, 240/4, 241, 240/5 and 235/1, Veerapandi Village, Theni Taluk and District (formerly Madurai District) to an extent of 3 acres 34 cents and to establish the Goat Wool Blanket Weaving Expansion Centre for Kurumba Gounder Community people in accordance with the settlement deed executed by Sannasi Gounder and others in favour of the 2nd respondent in Doc.No.658/1965 on the file of the Sub Registrar, Theni dated 27.02.1965.

For Petitioner : Mr.CKM.Appaji For Respondents : Mr.S.Shaji Bino, Special Government Pleader

ORDER

The petitioner claiming to be a member of Kurumba Gounder community claims that one Sannasi Gounder and Rama Gounder have executed a gift settlement deed to an extent of 3 acres and 34 cents in Survey Nos.243/A, 240/1, 240/4, 241, 240/5 and 235/1, Veerapandi Village, Theni Taluk and District in 2nd respondent favour for establishment of Goat Wool Blanket Expansion Centre. This land according to the petitioner has been occupied by some influential persons 2/6

and pattas were also obtained from the Revenue Department. Therefore, this writ petition has been filed for a writ of mandamus directing the respondents to remove the encroachments in the property in S.Nos.243/A, 240/1, 240/4, 241, 240/5 and 235/1, Veerapandi Village, for establishing the Goat Wool Blanket Weaving Expansion Centre for Kurumba Gounder community based on the settlement deed dated 27.02.1965 executed by Sannasi Gounder.

2.The learned Special Government Pleader appearing for the respondents submits that the petitioner has sought for a writ of mandamus, without even submitting any representation to the authorities concerned and if the petitioner submits any representation it would be considered in accordance with law.

3.A perusal of the typed set of papers reveals that the petitioner has not made any representation to the respondents. If the petitioner is having any grievance with respect to the properties donated to them, the petitioner shall submit a representation to the 3rd respondent, who on 3/6

receipt of such a representation, shall direct the Revenue Divisional Officer, Theni to conduct enquiry with regard to the patta, if any granted in S.Nos.243/A, 240/1, 240/4, 241, 240/5 and 235/1, Veerapandi Village based on the representation by providing an opportunity and pass suitable orders. The petitioner is also at liberty to submit a fresh representation to the 2nd respondent / The Director, Animal Husbandry Department, Vepery, Chennai. If such a representation is submitted by the petitioner, the 2nd respondent shall consider the same and pass necessary orders on merits and in accordance with law within a period of eight weeks therefrom.

4.The writ petition is disposed of with the above directions. No costs. Consequently connected miscellaneous petition is closed.

01.06.2023 Internet : Yes / No dsk 4/6

To 1.The Secretary to Government of Tamil Nadu Animal Husbandry Department, Fort St.George, Chennai.

2.The Director, Animal Husbandry Department, Vepery, Chennai.

3.The District Collector, Theni District.

4.The District Revenue Officer, Theni District.

5.The Revenue Divisional Officer, Theni District.

6.The Tahsildar, Theni Taluk, Theni.

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B.PUGALENDHI, J.

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