✦ High Court of India · 26 Jun 2025

High Court · 2025

Case Details High Court of India · 26 Jun 2025
Court
High Court of India
Decided
26 Jun 2025
Length
1,056 words

Acts & Sections

W.P.(MD) Nos.6342 & 12008 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 26.06.2025CORAM:THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAMandTHE HONOURABLE DR.JUSTICE A.D.MARIA CLETEW.P.(MD) Nos.6342 & 12008 of 2025andW.M.P.(MD) No.4671 of 2025W.P.(MD) No.6342 of 2025:K.Kuruvi ... Petitioner-vs-1.The State of Tamilnadu rep.by Principal Secretary Adi Dravidar and Tribal Welfare Department Secretariat, Chennai-092.The Commissioner / Director O/o.The Director of Police Adi Dravidar and Tribal Welfare Department Chepauk, Chennai-053.The District Collector O/o.The District Collector Viruthunagar District Viruthunagar_______________Page 1 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6342 & 12008 of 20254.The Adi Dravidar and Tribal Welfare Officer Adi Dravidar and Tribal Welfare Department Viruthunagar District5.The Revenue Divisional Officer O/o.The Revenue Divisional Officer Arupukkottai Viruthunagar District6.The Tahsildar O/o.The Tahsildar Kariyapatti Taluk Viruthunagar District7.The Special Tahsildar O/o.The Special Tahsildar Arupukottai Viruthunagar District8.S.Manikandan9.P.Manimaran10.M.Jothi11.S.Kurvammal12.P.Marikannu13.V.Ramu14.M.Muniyammal15.M.Parameshwari16.C.Parvathy_______________Page 2 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6342 & 12008 of 202517.P.Jothi18.R.Jayalakshmi19.P.Rajan20.A.Baby Petchiammal21.S.Mariyammal... RespondentsPRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent No.1 to 7 to conduct enquiry and remove the encroachment made by the respondents No.8 to 21 in Survey No.113/1B, 114/1, 114/2 situated at Panikanenthal Utkadai, Ariyanenthal Village, Kariyapatti Taluk, Viruthunagar District, in the light of decision taken in the Peace committee meeting conducted by the respondent No.6 on 12.02.2025 and consequently direct the respondents No.1 to 7 to grant patta to the landless poor Arunthathiyar Community people in the said land by considering his representation dated 27.02.2025 within the time stipulated by this Court.For Petitioner:Ms.S.Kayal VizhiFor Respondents:Mr.P.ThilakkumarGovernment Pleader for R1 to R7_______________Page 3 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6342 & 12008 of 2025W.P.(MD) No.12008 of 2025:B.Muthupandi ... Petitioner-vs-1.Government of Tamilnadu rep.by its Secretary to Government Adi Dravidar and Tribal Welfare Department Secretariat, Chennai2.The Commissioner of Land Administration Chepauk, Chennai3.The Director Adi Dravidar and Tribal Welfare Department Chepauk, Chennai4.The District Collector Virudhunagar District Collectorate Virudhunagar5.The District Revenue Officer Virudhunagar District Collectorate Campus Virudhunagar6.The Revenue Divisional Officer Aruppukottai Division Virudhunagar District7.The District Adi Dravidar and Tribal Welfare Officer Virudhunagar_______________Page 4 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6342 & 12008 of 20258.The Special Tahsildar Adi Dravidar and Tribal Welfare Arupukkottai Taluk Virudhunagar District9.The Tahsildar Kariyapatti Taluk Virudhunagar District10.K.Kuruvi... RespondentsPRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to consider and issue assignment house site patta for the families belongs to Adi Dravidar Parayar families living in Jagajeevanram Colony and Panikanenthal Village, Kariyapatti Taluk, Virudhunagar District, who are already in possession by constructing houses based on petitioner representation dated 27.01.2025.For Petitioner:Mr.R.NarayananFor Respondents:Mr.P.ThilakkumarGovernment Pleader for RR1 to 9Ms.P.Kayakvizhi for R10_______________Page 5 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6342 & 12008 of 2025O R D E R[Order of the Court was made by S.M.SUBRAMANIAM, J.]W.P.(MD) No.6342 of 2025 has been instituted seeking a direction the respondent No.1 to 7 therein to conduct an enquiry and remove the encroachment made by the respondents No.8 to 21 therein in Survey Nos.113/1B, 114/1, 114/2 situated at Panikanenthal Utkadai, Ariyanenthal Village, Kariyapatti Taluk, Viruthunagar District, in the light of the decision taken in the Peace Committee Meeting conducted by the respondent No.6 on 12.02.2025 and consequently direct the respondents Nos.1 to 7 to grant pattas to the landless poor Arunthathiyar Community people in the said land by considering the representation dated 27.02.2025 of the petitioner in W.P.(MD) No.6342 of 2025 within the time stipulated by this Court.2. W.P.(MD) No.12008 of 2025 has been instituted seeking a direction to the respondents therein to consider and issue assignment house site pattas for the families belonging to Adi Dravidar Parayar families living in Jagajeevanram Colony and Panikanenthal Village, Kariyapatti Taluk, Virudhunagar District, who are already in possession by constructing houses _______________Page 6 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6342 & 12008 of 2025based on the representation dated 27.01.2025 of the petitioner in W.P.(MD) No.12008 of 2025.3. Mr.P.Thilakkumar, learned Government Pleader, on instructions, submitted that under the Government Welfare Scheme, pattas have been granted to the landless poor people for constructing houses. 48 allotments have already been made. Currently, 800 applications are pending for scrutiny. Eligible landless poor people are to be identified by conducting an enquiry and lands are to be allotted to them under the Revenue Standing Orders applicable. Dispute exists between the same people that allotments are granted to ineligible persons or the authorities are not initiating actions against the persons, who are all staying in a particular area. It is needless to state that illegal allotments cannot be sustained. If at all any allotment has been made in favour of the ineligible persons and if any complaint has been raised in this regard, suitable actions are to be taken and such illegal allotments are to be cancelled and such lands are to be given to the landless poor people based on their eligibility. These are all the procedures, which are to be followed by the authorities concerned under the Revenue Standing Orders and by following the guidelines issued by the Government. Thus, the _______________Page 7 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6342 & 12008 of 2025official respondents are directed to conduct an enquiry by strictly following the eligibility criterias fixed by the Government and allot lands to the landless poor people for construction of houses to protect their livelihood under the Scheme, after providing due opportunity to the parties concerned.4. With the above observations, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [A.D.M.C., J.] 26.06.2025NCC :Yes / NoIndex :Yes / NoInternet:Yes / No krkTo:1.The Principal Secretary, Adi Dravidar and Tribal Welfare Department, State of Tamilnadu, Secretariat, Chennai-09.2.The Commissioner / Director, O/o.The Director of Police, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai-05._______________Page 8 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6342 & 12008 of 20253.The District Collector, O/o.The District Collector, Viruthunagar District, Viruthunagar.4.The Adi Dravidar and Tribal Welfare Officer, Adi Dravidar and Tribal Welfare Department, Viruthunagar District.5.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Arupukkottai, Viruthunagar District.6.The Tahsildar, O/o.The Tahsildar, Kariyapatti Taluk, Viruthunagar District.7.The Special Tahsildar, O/o.The Special Tahsildar, Arupukottai, Vituthunagar District.8.The Secretary to Government, Adi Dravidar and Tribal Welfare Department, Government of Tamilnadu, Secretariat, Chennai.9.The Commissioner of Land Administration, Chepauk, Chennai.10.The Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai._______________Page 9 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6342 & 12008 of 202511.The District Revenue Officer, Virudhunagar District, Collectorate Campus, Virudhunagar._______________Page 10 of 11 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.6342 & 12008 of 2025S.M.SUBRAMANIAM, J.andDR.A.D.MARIA CLETE , J. krkW.P.(MD) Nos.6342 & 12008 of 2025andW.M.P.(MD) No.4671 of 202526.06.2025_______________Page 11 of 11

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