Disposed

Thangarethinam v. the District Collector

Madras HC14 Dec 2022WP(MD)/15692/2020

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Article 226 directing respondents to remove encroachment on land allotted for Adi Dravidar beneficiaries. Court directed the Special Tahsildar to consider objections and pass orders after hearing parties within twelve weeks.

What did the court decide?

Direction to the 3rd respondent to consider the petitioner's objection and pass appropriate orders after hearing parties within twelve weeks.

Thangarethinam Vs the District Collector — Land Acquisition | Madras HC (2022)

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W.P(MD)No.15692 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 14.12.2022

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CORAM :

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THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.15692 of 2020

Mrs.Thangarethinam

... Petitioner

vs.

The District Collector, Collectorate, Kokkirakulam, Tirunelveli-627009.

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The District Revenue Officer, Nanguneri, Cheranmahadevi Revenue Taluk, Tirunelveli District.

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The Special Tahsildar, Cheranmahadevi Taluk, Cheranmahadevi, Tirunelveli District. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take necessary steps to remove the

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15692 of 2020

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encroachment comprised in Survey Nos.2544/1C1, 2544/1C2, 2546/1B, 2547/3, 2548/1B2B situated at Perungudi Village, Radhapuram Taluk, Tirunelveli District for an extent of 79 cents of land which is allotted for common public purpose based on the petitioner's representation dated 27.07.2020 within a time frame as fixed by this Hon'ble Court.

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For Petitioner : Mr.G.Anto Prince For Respondents : Mr.K.Balasubramani Special Government Pleader

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ORDER

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(Order of the Court was made by D.KRISHNAKUMAR, J.)

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The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take necessary steps to remove the encroachment comprised in Survey Nos.2544/1C1, 2544/1C2, 2546/1B, 2547/3, 2548/1B2B situated at Perungudi Village, Radhapuram Taluk, Tirunelveli District, for an extent of 79 cents of land which is allotted for common public purpose, based on the petitioner's representation dated 27.07.2020 within a time frame.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15692 of 2020

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According to the petitioner, the Nanguneri Adi Dravidar and Tribal Welfare Department had issued pattas to 35 persons who belong to Adi Dravidar community at free of cost comprised in the aforesaid survey numbers, in which, he is one of the beneficiaries. Apart from the aforesaid free house site pattas issued by the Government, the Government has reserved a separate portion for public purpose, but the said place is encroached upon by some persons and they are trying to construct buildings and they have also encroached upon a public pathway which is an access to reach the aforesaid free house site patta lands. Hence, the petitioner has filed this writ petition for the aforesaid relief.

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Learned counsel for the petitioner would submit that the petitioner made a specific objection stating that some of the persons have misused the allotted lands for public purposes and therefore, they are not entitled for grant of free house site pattas. In this

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15692 of 2020

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regard, the petitioner's community people also made a representation dated 27.07.2020, to the respondents, but there is no response till date.

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Learned Special Government Pleader appearing for the respondent submitted that free house site pattas were originally granted in favour of 35 persons and now the applications of the remaining persons for free house site patta is under consideration, for which, the petitioner's villagers have objection.

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In view of the above submissions, we direct the 3^rd respondent to consider the objection of the petitioner's villagers through their representation dated 27.07.2020 and to pass appropriate orders after providing opportunity of hearing to all the parties concerned. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15692 of 2020

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With the above direction, the Writ Petition is disposed of.

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No costs.

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[D.K.K.,J.] & [R.V.,J.] 14.12.2022

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Index : Yes / No Internet : Yes bala To 1. The District Collector, Collectorate, Kokkirakulam, Tirunelveli-627009.

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The District Revenue Officer, Nanguneri, Cheranmahadevi Revenue Taluk, Tirunelveli District.

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The Special Tahsildar, Cheranmahadevi Taluk, Cheranmahadevi, Tirunelveli District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15692 of 2020

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D.KRISHNAKUMAR, J. and R.VIJAYAKUMAR, J.

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bala

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ORDER MADE IN W.P(MD)No.15692 of 2020 DATED : 14.12.2022

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https://www.mhc.tn.gov.in/judis

Thangarethinam v. the District Collector

Case brief

What is this about?

What did the court decide?

Thangarethinam v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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