M. Chinnasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.9575 of 2011 M.Chinnasamy : Petitioner Vs.
1.The District Collector, District Collectorate, Trichy 1, Trichy District.
2.The District Revenue Officer, DRO Office, District Collectorate, Trichy 1, Trichy District.
3.The District Adhi Dravidar and Tribes Welfare Officer, Adhi Dravidar Welfare Office, District Collectorate, Trichy 1, Trichy District. 4.The Special Tahsildar, Adhi Dravidar Welfare Taluk Office, Thuraiyur, Trichy District.
5. M.Gulsambibi : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the third respondent's proceedings made in O.Mu.W6/4958/2011, dated 11.02.2011, quash the same and further direct the first respondent herein to provide free house site pattas to Harijans of Viswambalasamuthiram Balakrishnampatti Village, Thuraiyur Taluk, Trichy District, after acquiring the property situated at Viswambalasamuthiram S.F.Nos.153/2A and 153/2C, measuring 0.66.0 Ares, as per the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978.
For Petitioner : Mr.R.Sundar For RespondentNos.1to4 : Mr.M.Govindan Special Government Pleader
O R D E R
[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation challenging the order made in O.Mu.W6/4958/2011, dated 11.02.2011, in and by which information has been to the petitioner under the Right to Information Act, 2005, by the District AdiDravidar Welfare cum Tribal Officer, refusing to acquire the land comprised in S.F.Nos.153/2A and 153/2C, measuring to an extent of 0.66.0 Ares, for the purpose of granting house site pattas.
2. We have heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents and we have perused the records carefully.
3. It is stated by the learned counsel for the petitioner that already a recommendation was made for acquiring these lands, which was finally dropped by means of the impugned order.
4. The learned Special Government Pleader for the respondents 1 to 4 would submit that the said land is a wet land belonging to an individual, which cannot be acquired for house sites. He would further submit that the authorities would find a suitable land and issue patta to these poor landless people.
5. The said submission made by the learned Special Government Pleader is recorded.
6. In view of the above, nothing survives for adjudication in this Writ Petition and the same is closed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar NB To 1.The District Collector, District Collectorate, Trichy 1, Trichy District.
2.The District Revenue Officer, DRO Office, District Collectorate, Trichy 1, Trichy District.
3.The District Adhi Dravidar and Tribes Welfare Officer, Adhi Dravidar Welfare Office, District Collectorate, Trichy 1, Trichy District. 4.The Special Tahsildar, Adhi Dravidar Welfare Taluk Office, Thuraiyur, Trichy District.
+1 cc to Mr.R.Sundar ,Advocate, Sr.No: 51082 JAM/SKS-RR/20.09.16/ 3P-6C ORDER MADE IN W.P.[MD].No.9575 of 2011 07.09.2016