Madras High Court
Tamil Nadu Arunthathiyar Sangam vs The Secretary on 7 April, 2022
WP.No.28428 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2022
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI
WP.No.28428 of 2012
and
M.P.No.1 of 2012 & 2 of 2013
Tamil Nadu Arunthathiyar Sangam,
Registered No.136/91,
Rep. By its District President,
M.Paul Pandi @ Paul Pandiyan
Kovilpatti, Tuticorin. ... Petitioner
Vs
1. The Secretary
Tamilnadu Adi Dravida Welfare Dept.
St. george Fort, Chennai-9.
2. The District Collector,
Tuticorin district.
3. The Special Tahsildar (LA),
Adi Dravidar Welfare Scheme,
Kovilpatti,
Turicorin District.
4. The District Deputy Superintendent
of Police, Kovilpatti.
5. The Inspector of Police,
East Police Station, Kovilpatti.
1/24
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WP.No.28428 of 2012
6. The Inspector of Police,
west police station, kovilpatti.
7. S.Senbagavalli
8. M.Muthuveeri
9 . S.Muthu
10. S.Velmurugan
11. A.Subbulakshmi
12. A.Thangamariappan
13. U.Sudalaimani
(R7 to R13 impleaded
as per order dt 19/12/2019
made in WMP.Nos.546 to 552/2018
in WP. No.28428 of 2012)
14 K.Sankaran
(R14 IMPLEADED AS PER ORDER
DT 23/1/2020 MADE IN
MP.2/2014 IN WP.28428/2012)
....Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the 1st respondent to permit
the 502 beneficiaries to enjoy the house sites by putting up huts as per the
Pattas issue by the 3rd respondent and as per the counter affidavit filed by
2/24
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WP.No.28428 of 2012
the 3rd respondent in S.L.P.Nos.27585-27586/2009 before the Honourable
Supreme Court forthwith.
For Petitioner : Mr. G.Munirathnam
For Respondents : Mr. P.Sathish, AGP RR1 to 6
Mr.A.Suresh Sakthi Murugan RR7 to 13
Mr.C. Conscious Elango R14
ORDER
This writ petition is filed seeking a direction to the 1st respondent
to permit the 502 beneficiaries to enjoy the house sites by putting up huts
as per the Pattas issued by the 3rd respondent and as per the counter
affidavit filed by the 3rd respondent in S.L.P.Nos.27585-27586/2009 before
the Honourable Supreme Court forthwith.
2. The case of the petitioner is that he is the District President of
the Tamil Nadu Arunthathiyar Association situated at Kovilpatti, Tuticorin
District. The members of the above said association have applied to the
Government as well as to the District Collector, Tuticorin to provide house
sites for construction of houses under Harijan Welfare Act. The respondents
2 and 3 have acquired the land in S.No.479/1 to an extent of 5.28 hectares,
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WP.No.28428 of 2012
S.No.479/2 to an extent of 0.245 hectares, S.No.481 to an extent of 099.0
Hectares, S.No.481/1 to an extent of 0.87.5 Hectares and S.No.481/2 to an
extent of 0.35.0 Hectares for the purpose of distributing house sites to the
poor harijans and accordingly, the Government have issued pattas to 502
beneficiaries in the year 1998. After receiving the said pattas, the respective
beneficiaries entered into the lands in order to put up huts in the house sites
allotted to them. Pursuant to the passing of the award, the original land
owners approached this Court by filing W.P.Nos.5470 and 5471 of 1998 and
obtained interim orders. Hence, the beneficiaries were not able to put huts in
the said house sites. Thereafter, the beneficiaries, who are the respondents in
the writ petition, filed writ appeal in W.A.Nos.161 and 162 of 2006
challenging the interim orders. This Court, vide its order dated 06.08.2009,
allowed the writ appeals. Aggrieved by the orders, the land owners preferred
an SLP before the Hon'ble Apex Court and the same was dismissed on
22.11.2010.
3. It is the further case of the petitioner association that earlier, the
total land acquired by the respondents 2 and 3 was measuring to an extent
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WP.No.28428 of 2012
of 19.12 acres, out of which, 3.02 acres of land was returned to the original
owners as per the Judgment of this Court. The remaining area of an extent
of 16.10 acres is available for implementing the project. However, it is the
case of the petitioners that even after lapse of a decade, the petitioners are
not able to construct the houses, as persons have illegally encroached upon
the lands and the respondents have not taken any steps to evict the said
persons and to implement the scheme in favour of the beneficiaries. Having
no other option, the petitioner Association has filed the present writ petition
before this Court seeking appropriate directions.
4. The learned counsel for the petitioner submitted that this Court
may issue a direction to the official respondents to remove the illegal
encroachers and to reissue patta in favour of the original allottees so as to
enable the members of the petitioners' association, who were originally
allotted lands, to construct houses, within the reasonable time as fixed by
this Court.
5. Heard the learned counsel on both sides and perused the
materials available on record.
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WP.No.28428 of 2012
6. When the matter came up for hearing on 09.04.2019, this Court
passed the following order:-
''A counter affidavit had been filed in September
2013. I am not going into the controversy raised either by
the writ petitioner or by the petitioners who seek to implead
themselves as the respondent in the writ petition. Leaving
that aside, a perusal of the facts reveal that the Government
had allotted 19½ acres of land for 502 beneficiaries.
However, the Government had raised an objection with
respect to 3½ acres and finally this Court had directed the
Government to examine the allocation of patta and plots to
502 beneficiaries in the available 16 acres.
2.In the counter affidavit filed by the third
respondent namely, the Special Tahsildar (ADW) Adi
Dravidar Welfare Scheme Kovilpatti, Thoothukudi District,
it had been stated as follows: “4.This respondent further
submits that as per Patta No.534 of the Village Account an
extent of 3.02 acres in Survey No.482/1(0.87.5Hect) and
482/2(0.35.0Hect) out of total 19.12 acres stood in the
name of late Tmt.Chellathaiammal. In the above said case
502 Free House Site Pattas were issued to the beneficiaries
as per the Special Tahsildar (ADW) proceedings A 2563/96
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WP.No.28428 of 2012
dated 27.03.1998 and A 2563/96 dated 11.10.1999 who had
been already selected. In this regard, the above said land
owners Thiru. Parthiban and Tmt.V.Amsam had filed
Special Leave Petition Nos.27585-27589 of 2009 before the
Hon'ble Supreme Court and the Special Tahsildar (ADW)
had filed a detailed counter affidavit before the Hon'ble
Supreme Court. The Special Leave Petitions were dismissed
by the Supreme Court on 22.11.2010. Even though
possession of lands were taken on 26.03.1998 and pattas
were issued to the beneficiaries, since the owner of the land
has filed Writ Petition first in the High Court in W.P.
No.5470, 5471/98 objecting the Land Acquisition
proceedings which was allowed in part on 29.07.2005,
Aggrieved by the order the State has filed W.A.Nos.161 &
162/2006. The Land Owner one Amsam had filed
W.A.369/2006. Then the Special Leave Petition
No.27585/2009, 27586/2009 was filed in the Supreme
Court. Since the order in W.A.No.369/2006 was ended in
favour of Land Owners the beneficiaries are put in a
critical position to enjoy the pattas already issued to them.”
3.In view of the above stand, the third respondent
is directed to furnish the status report before this Court
regarding the modification of the layout in order to
accommodate 502 beneficiaries, as originally directed by
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WP.No.28428 of 2012
this Court in the available 16.10 acres. It is also
emphasized that the third respondent has only to provide
the plan and status report regarding the allotment. It does
not mean that the existing individuals who are in possession
should be disturbed. A report in that regard may be
furnished to this Court on 06.06.2019.
4.Call the matter once again on 06.06.2019. ''
7. Pursuant to the above order, the Special Tahsildar (ADW),
Kovilpatti has filed status report before this Court. The relevant portions are
as follows:
''10. It is submitted that, the 2nd respondent (ie District
Collector,Thoothukudi) has directed to the District Adi Dravidar welfare
officer,Thoothukudi and Revenue Divisional Officer,Kovilpatti to conduct the
meeting at Revenue divisional office,Kovilpatti along with the departments of
Revenue, Adi dravidar welfare department ,Rural development department
and Tangedco(Electricity Board) on 25-3-2022. The Revenue Divisional
Officer, Kovilpatti had conducted a meeting on 25-3-2022 with the
concerned departments and form a committee with Survey, Revenue, Local
bodies and EB Officials to measure the lands , conduct the enquiry of the
occupants who have construct the Houses and to collect the valid documents
like building plan approval copy house tax and Electricity receipts etc.
11. It is submitted that, On the field verification and collection of
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WP.No.28428 of 2012
documents by the committee formed by the Revenue Divisional Officer,
Kovilpatti, the following No. of original beneficiaries were constructed at
their houses in S.No. 479/1,479/2 and 481 Adi Dravidar Natham of
Pandavar Mangalam village of Kovilpatti Taluk,Thoothukudi District.
S. Old New
Type of Commu
No Name Plot Plot Type of house
Resident nity
. No No.
Aathilakshmi, W/o,
Parthasarathi
Concrete
1 5A2, Subramaniyapuram 5 182 OB SCA
House
5th Street
Kovilpatti.
Valliammal, W/o,
Mariappan,
Concrete
2 Subramaniapuram 6th 25 253 OB SCA
House
Street,
Kovilpatti.
Mookiah, S/o, Karuppiah
1445A40/6, Annai Therasa Concrete
3 40 307 OB SCA
Nagar, House
Pandavarmangalam.
Concrete
4 Karuppan, S/o, Perumal, 81 452 OB SCA
House
Concrete
5 Mariappan, S/o, Vellaiyan, 119 359 OB SCA
House
Pandi, S/o, Perumal
21/1, Kathiresankovil Concrete
6 124 365 OB SCA
Street, House
Kovilpatti.
Concrete
7 Murugan, S/o, Muthaiah 150 300 OB SCA
House
204 Concrete
8 Perumal, S/o, Vellaiyan 166 OB SCA
A House
Vellaiammal, W/o,
Murugan, 376 Concrete
9 403 OB SCA
109, Stalin Colony, A House
Kovilpatti
Baskar, S/o, Muthaian,
1445A431/6, Annai Therasa Concrete
10 431 534 OB SCA
Nagar, House
Pandavarmangalam.
Subbulakshmi, W/o,
Mayandi, Concrete
11 450 480 OB SCA
71, Stalin Colony, House
Kovilpatti.
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Pommiammal, W/o, Jeyaraj
D2, Housing Boar Colony, Concrete
12 457 489 OB SCA
Ettayapuram Road, House
Kovilpatti
Under
13 Kannan, S/o, Mariappan, 52 368 OB SCA
Construction
Under
14 Murugan, S/o, Sinnan 140 334 OB SCA
Construction
15 Kannan, S/o, Velu 141 290 Under OB SCA
Construction
Under
16 Pandi, S/o, Sankaran 149 299 OB SCA
Construction
Under
17 Murugan, S/o, Chinthamani 156 257 OB SCA
Construction
Krishnamoorthy S/o. Asbestos roof
18 422 580 OB SCA
Subiramanian house
Gnanamuthu s/o. Asbestos roof
19 439 508 OB SCA
Mariappan house
Karupiyammal W/o. Asbestos roof
20 440 509 OB SCA
Perumal house
Asbestos roof
21 Madasamy S/o. Madan 441 510 OB SCA
house
12. It is humbly submitted that the following illegal occupants are also
constructed at their houses in S.No. 479/1, 479/2 and 481 of Adi Dravidar
Natham Pandavar Mangalam village of Kovilpatti Taluk,Thoothukudi District
through unregistered sale deed and by way of encroachment etc. They are
from Various communities like SC,MBC and BC.
Old Com
S.N Present Type of Type of
Name Plot mu-
o. Plot No. house Resident
No nity
Muthulakshmi,
W/o,
Sankaranarayanan,
Concrete
1 1816A/2, Stalin 16 241 SD SCA
House
Colony,
Kovilpatti
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WP.No.28428 of 2012
Balasundaram, S/o, Concrete
2 23 255 SD ST
Mariappan House
Mageshkumar, S/o,
Annamalai,
Concrete MB
3 546, Muthammal 24 254 SD
House C
6th Street,
Kovilpatti.
Mariammal, W/o,
Shanmugam,
21/10E1, Stalin Concrete
4 26 252 SD SCA
Colony 1st Street, House
Jothi Nagar,
Kovilpatti.
Veyilatchi, W/o,
Marimuthu,
Concrete DN
5 Veeravanchi Nagar 29 249 SD
House C
8th Street,
Kovilpatti.
Veyilatchi, W/o,
Marimuthu,
Concrete DN
6 Veeravanchi Nagar 30 248 SD
House C
8th Street,
Kovilpatti.
Madathiammal,
W/o, Mookiah,
1445A41/6, Annai Concrete
7 41 306 SD ST
Therasa Nagar, House
Pandavarmangalam
.
Sankar, S/o,
Mookiah,
1445A42/6, Annai Concrete
8 42 305 SD ST
Therasa Nagar, House
Pandavarmangalam
.
Muthukumar, S/o, Concrete
9 48 372 SD
Sivasakthi House
10 Velusamy, S/o, 50 370 Concrete SD ST
Karuppiah, House
1445A50/6, Annai
Therasa Nagar,
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WP.No.28428 of 2012
Pandavarmangalam
.
Rajeshwari, W/o,
Mariappan,
1445A62/6, Annai Concrete
11 53 377 SD BC
Therasa Nagar, House
Pandavarmangalam
.
Venkatesan, S/o,
Muthupandi,
1445A62/6, Annai Concrete
12 62 427 SD BC
Therasa Nagar, House
Pandavarmangalam
.
Senthamarai, S/o,
Murugesan,
1445A56/6, Annai Concrete
13 72 441 SD BC
Therasa Nagar, House
Pandavarmangalam
.
Gurudevi, W/o,
Kollaikondan,
1445A70/44,
Concrete
14 Annai Therasa 74 443 SD SCA
House
Nagar,
Pandavarmangalam
.
Pappathiammal,
W/o, Ayyanar, Concrete
15 75 444 SD BC
23, Sasthri Nagar, House
Kovilpatti.
Concrete -
16 Name Not Known 76 445 SD
House
Muthumari, W/o,
Kumarandi,
1445A76/6, Annai Concrete
17 77 446 SD SCA
Therasa Nagar, House
Pandavarmangalam
.
18 Angaiya, S/o, 78 449 Concrete SD MB
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WP.No.28428 of 2012
Muthaiah, House C
Angaiya, S/o, Concrete MB
19 79 450 SD
Muthaiah, House C
Ramar, S/o,
Govinthan,
Concrete
20 622/6, Thulasinga 87 414 SD SCA
House
Nagar,
Manthithoppu.
Kaliammal, W/o, Concrete
21 90 417 SD SCA
Ramaraj House
Mariammal, W/o,
Krishnan,
1445A1112/6,
112 Concrete
22 Annai Therasa 393 SD BC
A House
Nagar,
Pandavarmangalam
.
Vijalakshmi, W/o, Concrete
23 120 361 SD SC
Vijayaraj House
Vijayalakshmi, Concrete MB
24 128 321 SD
W/o, Mariappan, House C
Rajapandian, S/o, Concrete MB
25 134 328 SD
Annadurai House C
Sarojadevi, W/o, Concrete MB
26 135 329 SD
Rajapandian House C
Kumar, S/o, 148 Concrete DN
27 297 SD
Adaikkalam A House C
Mariammal, W/o,
Anburaj,
1445A169/6,
Annai Therasa 169 Concrete DN
28 219 SD
Nagar, A House C
Pandavarmangalam
.
Kalidhasan, S/o, Concrete DN
29 171 222 SD
Asaiyan House C
Perumal, S/o, Concrete
30 188 190 SD
Ganesamoorthi House
Selvakumar, S/o, Concrete DN
31 193 196 SD
Soodamani devar House C
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WP.No.28428 of 2012
Kalidhasan, S/o, Concrete
32 194 197 SD
Asaiyan House
Madhubala, W/o, Concrete DN
33 195 198 SD
Kathirvel House C
Sorimuthu, S/o, 196 Concrete DN
34 200 SD
Kannan A House C
Selvam, S/o, Concrete
35 199 161 SD
Kombiah House
Selvam, S/o, Concrete
36 200 162 SD
Kombiah House
Concrete
37 Name Not Known 212 127 SD
House
224 Concrete
38 “ 141 SD
A House
Concrete
39 “ 231 117 SD
House
Muniammal, W/o,
Shenbagaraj,
196A, Theppakula Concrete MB
40 236 123 SD
Street, House C
Kovilpatti.
Concrete
41 Anthony 246 84 SD SCA
House
Muthammal, W/o, Concrete MB
42 247 85 SD
Mariappan House C
Sudalaivadivu, Concrete DN
43 250 88 SD
W/o, Mariyandi House C
Oorkavalan, S/o, Concrete DN
44 251 89 SD
Muthaiah devar House C
Sundhari, W/o, Concrete
45 255 63 SD SCA
Rajagopal House
Sundhari, W/o, Concrete
46 256 64 SD SCA
Rajagopal House
Concrete
47 Mahendhiran 269 28 SD
House
Concrete
48 Mahendhiran 270 29 SD
House
Concrete
49 Mahendhiran 271 30 SD
House
50 Name Not Known 273 32 Concrete SD
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WP.No.28428 of 2012
House
Sundhari, W/o, Concrete
51 277 37 SD SCA
Rajagopal House
Sundhari, W/o, Concrete
52 278 38 SD SCA
Rajagopal House
Mariammal, W/o, 280 Concrete MB
53 41 SD
Senthilkumar A House C
Lakshmi, W/o, Concrete
54 281 42 SD
Selvam House
Anbazhagan, S/o, Concrete MB
55 283 44 SD
Rajendhiran House C
Concrete
56 Name Not Known 285 46 SD
House
Concrete
57 Name Not Known 294 57 SD
House
Concrete
58 Name Not Known 299 94 SD
House
Karuppan, S/o,
Perumal,
Concrete
59 61/24, Stalin 300 95 SD SCA
House
Colony,
Kovilpatti.
Concrete
60 Name Not Known 301 96 SD
House
Concrete
61 Name Not Known 302 97 SD
House
Concrete
62 Name Not Known 303 98 SD
House
Concrete DN
63 Name Not Known 305 102 SD
House C
305 Concrete DN
64 Name Not Known 101 SD
A House C
Muthumanickam,
S/o, Govindhan,
621A1/5,
Concrete
65 Shanmugasigamani 311 108 SD SCA
House
Nagar,
Pandavarmangalam
.
Concrete
66 Name Not Known 313 142 SD
House
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Concrete
67 Name Not Known 314 143 SD
House
Concrete
68 Subbiah 320 151 SD SCA
House
Concrete
69 Subbiah 321 152 SD
House
Murugan, S/o,
Kombiah,
1445A139/6,
Concrete
70 Annai Therasa 322 153 SD
House
Nagar,
Pandavarmangalam
.
Arunadevi, W/o, Concrete DN
71 325 156 SD
Marimuthu House C
Karpagam, W/o,
Murugan,
1445A139/6,
Concrete DN
72 Annai Therasa 331 205 SD
House C
Nagar,
Pandavarmangalam
.
Kaliammal, W/o, Concrete
73 336 214 SD SCA
Karuppasamy House
Concrete
74 Name Not Known 345 276 SD
House
Karguvelraja, S/o, 348 Concrete
75 281 SD BC
Mariappan A House
SCA
Guruvammal, W/o, Concrete
76 362 345 SD
Veeran House
Concrete
77 Name Not Known 378 406 SD
House
Concrete
78 Name Not Known 379 407 SD
House
Concrete
79 Name Not Known 383 456 SD
House
Concrete
80 Name Not Known 384 457 SD
House
Concrete
81 Name Not Known 386 459 SD
House
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Concrete
82 Name Not Known 389 462 SD
House
389 Concrete
83 Name Not Known 463 SD
A House
Mareeshwari, W/o, 390 Concrete DN
84 464 SD
Thangiah C House C
Concrete
85 Name Not Known 394 471 SD
House
Nagarathinaperuma Concrete
86 395 472 SD
l House
Mariammal, W/o,
Ramachandran,
Concrete
87 29, Veeravanchi 396 473 SD SCA
House
Nagar,
Kovilpatti.
Concrete
88 Name Not Known 402 518 SD
House
402 Concrete
89 Name Not Known 521 SD
C House
403 Concrete
90 Sunthar 523 SD
C House
Concrete
91 Name Not Known 417 576 SD
House
Thayammal, W/o,
Chinnaveeran,61/2 Concrete
92 423 579 SD SCA
A, Stalin Colony, House
Kovilpatti.
Concrete
93 Name Not Known 424 578 SD
House
Madasamy, S/o,
Shanmugam,
Concrete
94 East Street, 426 564 SD SCA
House
Vadakku
Vandanam
Concrete
95 Name Not Known 427 563 SD
House
96 Muniasamy, S/o, 442 511 Concrete SD SCA
Shanmugam, House
1445A442/6,
Annai Therasa
Nagar,
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WP.No.28428 of 2012
Pandavarmangalam
.
Concrete
97 Name Not Known 447 477 SD
House
Concrete
98 Name Not Known 451 483 SD
House
Mariappan, S/o,
Arumugam,
Concrete MB
99 Chinthamani 464 503 SD
House C
Nagar,
Kovilpatti.
Lakshmi, W/o,
Pomman,
Concrete
100 60/3, Stalin 467 544 SD SCA
House
Colony,
Kovilpatti.
Raju, S/o, Concrete
101 475 552 SD SCA
Karuppasamy House
Gurusamy, S/o, Concrete
102 480 582 SD
Muthuveeran House
Sakthivel, S/o,
Krishnan,
Concrete
103 90/40, Thari office 481 583 SD SCA
House
Street,
Kovilpatti.
Chandiran, S/o, Concrete
104 489 591 SD BC
Subbiah House
491 Concrete
105 Samuthirapandi 594 SD
A House
Concrete
106 Name Not Known 495 602 SD
House
Concrete
107 Name Not Known 496 603 SD
House
Concrete
108 Name Not Known 499 607 SD
House
109 Petchiammal, W/o, 500 608 Concrete SD DN
Chellapandi, House C
1445A500/6,
Annai Therasa
Nagar,
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Pandavarmangalam
.
Paramasivam, S/o,
Karuppiah,
Concrete
110 41, Veeravanchi 502 496 SD SCA
House
Nagar 10th Street,
Kovilpatti.
Concrete
111 Name Not Known 503 490 SD
House
Concrete
112 Name Not Known 504 25 SD
House
Concrete
113 Name Not Known 515 14 SD
House
Concrete
114 Name Not Known 516 13 SD
House
Concrete
115 Name Not Known 520 9 SD
House
Concrete
116 Name Not Known 521 8 SD
House
Concrete
117 Name Not Known 524 5 SD
House
Concrete
118 Name Not Known 525 4 SD
House
Under
Mahendhiran, S/o,
119 112 392 Constructi SD ST
Vellaisamy
on
Under
120 Name Not Known 360 Constructi SD
A
on
Under
Ananthammal, 133
121 327 Constructi SD ST
W/o, Suresh A
on
Under
Aathilakshmi, W/o, MB
122 147 296 Constructi SD
Palraj C
on
Under
123 Santhi 165 267 Constructi SD
on
124 Kannan, S/o, 170 221 Under SD
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WP.No.28428 of 2012
Constructi
Gopalakrishnan
on
Under
125 Name Not Known 249 87 Constructi SD
on
Under
126 Name Not Known 50 Constructi SD
A
on
Under
127 Name Not Known 309 106 Constructi SD
on
Under
128 Name Not Known 341 272 Constructi SD
on
Under
129 Name Not Known 342 273 Constructi SD
on
Under
130 Name Not Known 280 Constructi SD
B
on
Under
131 Name Not Known 350 284 Constructi SD
on
Under
132 Name Not Known 371 396 Constructi SD
on
Under
133 Name Not Known 374 399 Constructi SD
on
Under
Vijalakshmi, W/o,
134 133 326 Constructi SD SC
Vijayaraj
on
13. It is submitted that, the local enquiry reveals that the
petitioner Thiru. Paulpandi @ Paulpandiyan had illegally prepared an one
layout with private Engineer and put up four boundaries stone for
measuring plot having 64 Sq.Metres(roughly 1.5 cents) and this plan was
illegally approved by the then pandavarmangalam Village President who
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WP.No.28428 of 2012
have no right over Adi Dravidar Natham lands. This lay out is exist in the
above lands. On available Vacant House sites, Remaining original
beneficiaries are providing 64 Sq.metres (roughly 1.5 cents) each by
accommodating them on available land . In this regard, a proper lay out are
prepared and this lay out is approved by the District Adi Dravidhar and
Tribal welfare officer, Thoothukudi on 26-3-2022. It is submitted that, the
proximity of the Kovilpatti Muncipality and high Market value of the land ,
the 1.5 cents plots are enough for the beneficiaries for constructing the
houses. Due to dividing of 1.5 cents plots, Small No of the plots are available
and this will be reserved for future expansion . The 3rd respondent (ie) the
Special Tahsildar(ADW),Kovilpatti are also issued the revised house site
patta Proceedings through her proceedings Roc. A/S.R 1/2004 dated 26-3-
2022. Moreover, Individual House site pattas are being prepared and they
will be issued to the original beneficiaries shortly by obtaining old Original
patta from them.
14. It is humbly submitted that, the necessary action to be taken against
the illegal occupants with the co-ordination with the Rural development
department and Tangedco and the directions issued by the Government vide
G.O(Ms)No.34 Revenue and Disaster Management Department Land
Disposal wing(LD3(1) section dated 13-01-2021 and other existing . It is
submitted that ,only 29 house owners were obtained permission from the
local panchyat (ie) Pandavar mangalam Panchyat and out of these 29 house
owners, only two person name are found in original assignee list of Adi
Dravidar Department. All other 27 persons were obtained permission with
some bogus patta.''
https://www.mhc.tn.gov.in/judis
WP.No.28428 of 2012
8. This Court gave its anxious consideration to the submissions as
also the report filed by the respondents, which clearly reveal that certain
illegal encroachments have come up within the lands, which have been
allotted to the original beneficiaries. In such circumstances, on the basis of
the report filed by the Tahsildar, this Court directs the respondents to take
necessary action against the illegal occupants with the co-ordination of the
Rural Development Department and TANGEDCO and upon removing the
illegal encroachers from such occupation in the manner known to law,
thereafter, the respondents shall identify the original beneficiaries and allot
the land to the original beneficiaries as per the revised layout. The entire
exercise shall be completed within a period of three months from the date of
receipt of a copy of this order.
9. With the above directions, the writ petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
07.04.2022
https://www.mhc.tn.gov.in/judis
WP.No.28428 of 2012
Rli
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
To
1. The Secretary
Tamilnadu Adi Dravida Welfare Dept.
St. george Fort, Chennai-9.
2. The District Collector,
Tuticorin district.
3. The Special Tahsildar (LA),
Adi Dravidar Welfare Scheme,
Kovilpatti,
Turicorin District.
4. The District Deputy Superintendent
of Police, Kovilpatti.
5. The Inspector of Police,
East Police Station, Kovilpatti.
6. The Inspector of Police,
West Police Station, Kovilpatti.
https://www.mhc.tn.gov.in/judis
WP.No.28428 of 2012
M.DHANDAPANI, J.
Rli
WP.No.28428 of 2012
and M.P.No.1 of 2012 & 2 of 2013
07.04.2022
https://www.mhc.tn.gov.in/judis
