Petitioners sought mandamus against revenue authorities over assigned depressed class land allegedly encroached by respondents. Court directed enquiry with notices to all parties and orders within six weeks; encroachments by non-depressed class members to be removed if established; patta application to be considered on merits.
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W.P.No.6701 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No. 6701 of 2024 and W.M.P.No.7461 of 2024
... Petitioners
versus
4.Subramani
Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to take action on the representation submitted before him by the petitioners dated 19.02.2024.
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W.P.No.6701 of 2024
For Petitioners : Mr.A.G.Rajan For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R3
O R D E R
Mr.A.Selvendran, learned Special Government Pleader accepts notice
for respondents 1 to 3. Since this writ petition is being disposed of without passing any adverse orders against respondents 4 and 5 affecting their interest, notice to those respondents is dispensed with.
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W.P.No.6701 of 2024
grandfather and since then, he had been in possession and enjoyment of the said land and DKT Patta in Patta No.38/1981 was issued to petitioners' grandfather and he died in the year 1989, leaving behind the petitioners as his legal heirs. While that being so, respondents 4 and 5 herein have encroached the land claiming that the above said land was purchased by them from one Magbul Jansahib. The learned counsel for the petitioners further submitted that since the subject land comes under ''Panjamar Tharisu land'' as per the Revenue Records, non-depressed class members i.e. respondents 4 and 5 cannot claim any right over the said land. Therefore, the petitioners have given a representation dated 19.02.2024 to the respondents 1 to 3 seeking to vacate respondents 4 and 5 from the subject land. Since there was no response from respondents 1 to 3, the present writ petition has been filed.
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''Government Poromboke''.
who are non-depressed class members have encroached the land without any document.
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W.P.No.6701 of 2024
from the subject land. Thereafter, if the petitioners have made any fresh application, and they are otherwise eligible, the same may be considered on merits and in accordance with and issue Patta in their favour.
15.03.2024
Index: Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No ms
To
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W.P.No.6701 of 2024
P.VELMURUGAN, J.
ms
W.P.No.6701 of 2024
15.03.2024
Pg.Nos.6/6
1 issue framed by the court
Whether respondents 1 to 3 must act on the petitioners' representation seeking removal of alleged encroachers from assigned Depressed Class land and consideration of patta.
1 provisions across 1 enactments
Krishnamoorthy
Deivanai
Rajapandian
The District Collector, Kallakurichi District
The District Revenue Officer, Kallakurichi District
Revenue Divisional Officer, Kallakurichi Division and District
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
