The Madurai Bench held that a writ petition seeking the return of land acquired and allotted to others is not maintainable since the lands were already divided into sixty plots. The petition dismissed.
No direction to pass orders on the representation of the petitioner was issued; the writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.18930 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.18930 of 2021
R.Sedhu
... Petitioner
vs.
1.The District Collector,
Madurai District, Madurai.
2.The Special Tahsildar, Adi Dravidar Welfare, Zone-II, Madurai.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to consider and pass orders on the petitioner's representation, dated 31.08.2021 within a time frame as may be framed by this Court.
For Petitioner : Mr.A.P.Sathiyamoorthy For Respondents : Mr.D.Ghandiraj Special Government Pleader
O R D E R
This Writ Petition has been filed in the nature of Mandamus seeking a direction against the first respondent/District Collector and the second respondent/Special Tahsildar, Adi Dravidar Welfare, Zone-II, Madurai, to consider and pass orders on the representation of the petitioner, dated 31.08.2021.
2.The Writ Petitioner/R.Sedhu, son of Ramalinga Pillai residing at Veerapandi Village, Thirupalpuram Post, Madurai North, Madurai, was, originally along with his family members, owner of the lands comprised in S.Nos.45/5, 45/6A and 45/6C situated at Veerapandi Bit-II Village, Madurai North Taluk, Madurai. The said lands have been acquired by the Adi Dravidar and Tribal Welfare Department to provide house site to landless Adi Dravidars in the year 1995. Even according to the petitioner, in his affidavit at Paragraph-3, it has been stated that the lands had been allotted to various persons, as house sites with a condition that the house site pattadhars have to construct a house and reside in the said house. The petitioner claims that as on date, the house sites have not been utilised by respective allottees. That is the issue, which has to be taken up by the authorities with the https://hcservices.ecourts.gov.in/hcservices/ assignees of the lands.
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W.P.(MD)No.18930 of 2021
3.The petitioner had also obtained necessary informations through Right to Informations Act and documents to that extent have also been filed before this Court. A perusal of the informations received shows that with respect to the allotment of house site, the authority, namely, the Special Tahsildar had given a rough sketch indicating that the lands have been plotted out as many as into 60 plots and various patta numbers are also given.
4.The learned Special Government Pleader also states that patta had also been granted to the allottees. If the petitioner requires further information with respect to the names of the allottees, then it would only be appropriate that approaches the concerned officials, but, a Writ Petition in this regard is not maintainable. Further, in the representation given by the petitioner, he had sought that the lands should be given back to the petitioner herein. That cannot be considered, since lands had already been allotted and 60 plots have been sub divided and demarcated. In view of that particular fact, the present Writ Petition is not the proper course for petitioner to adopt.
5.With the above observations, the Writ Petition is dismissed. No costs.
cmr
To
1.The District Collector, Madurai District, Madurai.
2.The Special Tahsildar, Adi Dravidar Welfare, Zone-II, Madurai.
W.P.(MD)No.18930 of 2021 16.11.2021
VR(CO)
https://hcservices.ecourts.gov.in/hcservices/ SB(30.11.2021) 2P 4C
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1 issue framed by the court
Whether the petitioner's request for the return of acquired lands through a writ petition is maintainable when the lands have already been allotted and subdivided.
1 provisions across 1 enactments
R.Sedhu
District Collector, Madurai District
Special Tahsildar, Adi Dravidar Welfare, Zone-II, Madurai
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
