Vellathai v. The District Adidravidar And Tribal Welfare Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.23186 of 2021 Vellathai
...Petitioner
/Vs./ 1.The District Adidravidar And Tribal Welfare Officer Cum Revenue Tribunal Officer, Tenkasi District.
2.The Special Tahsildar (ADW), Adidhravidar Welfare Office, Taluk Office, Tenkasi, Tenkasi District.
3.The Village Administrative Office, Kambaneri Puthukudy Village, Kadayanallur, Kadayanallur Taluk, Tenkasi District.
4.Chandra
...Respondents
(R4 is impleaded vide order of this Court dated 23.11.2023 in WMP(MD)No. 677/2022.) PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to conduct enquiry on the petitioner's representation dated 10.11.2021 and consequently direct the 1st respondent to withhold the petitioner's rights on the basis of issuance of free house Plot No.43 of Survey No.977/2, Achampatti Colony, Kappaneri 1/4
Puthukudi Part (Village No.46), Veerakeralamputhur Taluk, Tirunelveli District, now bifurcated as Kadayanallur Taluk, Tenkasi District. For Petitioner : Mr.V.Muthuvelan For Respondents : Mr.B.Saravanan (R1 to R3) Addl. Government Pleader Mr.G.Thalaimutharasu (R4)
ORDER
This writ petition has been filed for issuance of writ of mandamus directing the first respondent to conduct enquiry based on the representation made by the petitioner on 10.11.2021, wherein the petitioner has complained that the assignment patta was granted in the name of the petitioner's husband and whereas the property is illegally occupied by the impleaded fourth respondent.
2. Heard Mr.V.Muthuvelan, learned counsel appearing for the petitioner, Mr.B.Saravanan, learned Additional Government Pleader appearing for the official respondents and Mr.G.Thalaimutharasu, learned counsel appearing for the fourth respondent.
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3. The learned counsel for the fourth respondent submitted that the fourth respondent has been in possession and enjoyment of the property from the year 2003 onwards and that even house tax is being paid every year in the name of the impleaded fourth respondent only.
4. Taking into consideration the facts and circumstances of the case and the specific stand that has been taken by the petitioner and the fourth respondent, there shall be a direction to the first respondent to deal with the representation made by the petitioner on 10.11.2021, after affording opportunity to the petitioner and the impleaded fourth respondent and pass orders strictly in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5. This writ petition is disposed with the above directions. No costs. 23.11.2023 NCC : Yes/No (2/2) Internet :Yes/No Index :Yes/No sm 3/4
N.ANAND VENKATESH, J.
sm TO:- 1.The District Adidravidar And Tribal Welfare Officer Cum Revenue Tribunal Officer, Tenkasi District.
2.The Special Tahsildar (ADW), Adidhravidar Welfare Office, Taluk Office, Tenkasi, Tenkasi District.
3.The Village Administrative Office, Kambaneri Puthukudy Village, Kadayanallur, Kadayanallur Taluk, Tenkasi District.
Order made in W.P.(MD)No.23186 of 2021 (2/2) Dated:
23.11.2023 4/4