S. Uma v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.26461 of 2019 S.Uma ... Petitioner Vs.

1.The District Collector, Tuticorin District, Tuticorin.

2.The District Adi Dravidar Welfare Officer, Adi Dravidar Welfare Department, Tuticorin District, Tuticorin.

3.The Special Thasildar, Adi Dravidar Welfare Department, Tuticorin District, Tuticorin.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 03.11.2019 to handover the assigned land of 2 cents bearing Survey No.156/2, situated at Angamangalam Village, Eral Taluk, Tuticorin District within the stipulated time as fixed by this Court. For Petitioner : Mr.N.Thamimul Ansari For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader.

ORDER

This Writ Petition has been filed to direct the respondents to direct the respondents to consider the petitioner's representation, dated 03.11.2019 to handover the assigned land of 2 cents bearing Survey No.156/2, situated at Angamangalam Village, Eral Taluk, Tuticorin District within a time frame.

2.The petitioner stated that she is working as a coolie and a landless lady and applied for assignment of house site in 2003 to the Tamil Nadu Adi Dravidar Welfare Department. It is further stated that the petitioner also received an order of assignment, dated 18.02.2019 from the third respondent in respect of land to an extent of 2 cents in survey No.156/2 situated at Angamangalam Village, Eral Taluk, Tuticorin District. Though the assignment of the land is described with reference to a layout and it is mentioned that the land allotted to the petitioner is plot No.16, it is stated by the petitioner that the assigned land was not handed over to the petitioner. The petitioner has submitted few representations to all the respondents on 03.11.2019. Since the respondents have not considered the representation of the petitioner, the petitioner has came before this Court for a direction as prayed for. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner submitted that the petitioner would be satisfied, if a direction is issued to the respondents to consider the representation of the petitioner. 4.Having regard to the limited prayer sought for by the learned counsel appearing for the petitioner, without expressing any opinion on the merits of the contention of the learned counsel for the petitioner, this Court issue the following directions: The third respondent is directed to consider the representation of the petitioner, dated 03.11.2019 and to handover the possession of he land or to pass appropriate order on merits, after giving opportunity to the petitioner, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) gns To 1.The District Collector, Tuticorin District, Tuticorin.

2.The District Adi Dravidar Welfare Officer, Adi Dravidar Welfare Department, Tuticorin District, Tuticorin.

3.The Special Thasildar, Adi Dravidar Welfare Department, Tuticorin District, Tuticorin.

+1 CC to M/s.SPL.GP ( SR-1611[F] dated 13/01/2020 ) W.P.(MD)No.26461 of 2019 09.01.2020 SMA/07/02/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/