IN THE HIGH COURT OF JUDICATURE AT MADRAS Date: 2.3.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.4705 of 2011 and M.P.No.1 of 2011 L.Manoharan. ... Petitioner vs. 1.The Special Commissioner and Commissioner Land Administration, Chepauk, Chennai-600 005. 2.The Special Commissioner and Director, Most Backward and Minority Welfare Department, Chepauk, Chennai-600 005. 3.The District Collector, Vellore District, Office of Vellore Collectorate, Vellore-632 001. 4.The Special Tahsildar Land Acquisition, Adi Dravidar Welfare, Walajabad, Vellore District. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to pass appropriate orders on the basis of the recommendation of the District Collector by proceeding Na.Ka.No.1/42802/92, dated 12.11.2003. https://hcservices.ecourts.gov.in/hcservices/ For Petitioners : Mr.V.Vibishnan For Respondents : Mr.L.S.M.Hasan Fizal, Government Advocate. O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to pass appropriate orders on the basis of the recommendation of the District Collector by proceeding Na.Ka.No.1/42802/92, dated 12.11.2003. 2. Mr.L.S.M.Hasan Fizal, learned Government Advocate, takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal. 3. Petitioner claims to be the owner of 1.66 acres of dry land in Survey Nos.497/2 and 497/3 in Vadamambakkam Village, Arakkonam Taluk. His right over the land is based on the sale deed dated 24.6.1982. Petitioner is running an oil mill and a rice mill. The two business units have been duly licensed by the competent authority. Petitioner has taken Rs.10 lakhs loan from the Central Co-operative Bank, Vellore, towards working capital. He is due and payable certain amount towards loan. In the year 1994, acquisition proceedings were initiated for providing house sites to Most Backward Class persons, viz., Dhobies, numbering 72 house sites. According to the petitioner, after concluding the acquisition proceedings, 33 residential plots were earmarked, out of which 27 beneficiaries were identified and were allotted house sites leaving the balance of 6 plots vacant. According to the petitioner, there was no beneficiaries available for allotment of 6 plots. In such view of the matter, the petitioner made a representation to the Revenue Authorities on 17.7.2000 to release the land from acquisition proceedings and the District Collector after calling report from the District Revenue Officer issued proceedings Na.Ka.No.1/42802/92 dated 12.11.2003 recommending the case of the petitioner for withdrawal of acquisition proceedings to the first respondent Special Commissioner and Commissioner, Land Administration. The recommendation of the District Collector is as follows:- @vdnt. epy chpikahsh; epy vLg;g[f;F cl;gl;l epyj;ij mlkhdk; itj;J t';fp flid jpUk;g brYj;j ,ayhj N:H;epiy cs;sjhYk;. gadhs;fs; ,y;yhky; nkw;go 6 tPl;Lkidfs; kw;Wk;. mij rhh;e;j bghJ ,l';fs; fhypahf cs;sjhYk;. kDjhuhpd; nfhhpf;ifia Vw;W epy vLg;gpypUe;J iftpl;L kDjhuh; trk; jpUk;g xg;gilf;fyhk;. vd ghpe;Jiu bra;fpnwd;/ vdnt. ,e;neh;tpy; epy chpikahsh; jpU kndhfud; FLk;g N:H;epiy https://hcservices.ecourts.gov.in/hcservices/ Mfpatw;iw fUj;jpy; bfhz;L jf;f cj;jutpidg; gpwg;gpf;FkhW nfl;Lf; bfhs;fpnwd;/ ,j;Jld; khtl;l tUtha; mYtyh;. ntY}h; mth;fspd; jzpf;if Fwpg;g[ ,izj;J mDg;gpa[s;nsd;/@ 4. The present writ petition has been filed for a mandamus to direct the first respondent to pass appropriate orders based on the recommendation of the District Collector in the proceedings referred to above. 5. Thiru L.S.M.Hasan Fizal, learned Government Advocate appearing for the respondents states that the petitioner should also make a representation to the Government and the first respondent to consider his claim for withdrawal of the acquisition proceedings based on the recommendation of the District Collector. 6. In the light of the District Collector's proceedings dated 12.11.2003, the petitioner is entitled to make a detailed representation to the Government and the first respondent as the case may be for considering the case for withdrawal of acquisition proceedings, if the land still continues to be unutilised for the purpose it was acquired. Accordingly, petitioner is directed to make a detailed representation along with a copy of this order and the same shall be considered by the Government and the first respondent within a reasonable period of time, preferably within twelve weeks from the date of receipt of the representation along with a copy of this Order. The writ petition is ordered as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1.The Special Commissioner and Commissioner Land Administration, Chepauk, Chennai-600 005. https://hcservices.ecourts.gov.in/hcservices/ 2.The Special Commissioner and Director, Most Backward and Minority Welfare Department, Chepauk, Chennai-600 005. 3.The District Collector, Vellore District, Office of Vellore Collectorate, Vellore-632 001. 4.The Special Tahsildar Land Acquisition, Adi Dravidar Welfare, Walajabad, Vellore District. + 1 cc to the V. Vibishnan, Advocate SR,.15155 + 1 cc to The Government Pleader Sr.15282 W.P.No.4705 of 2011 TAM(CO) Eu 18.3.11 https://hcservices.ecourts.gov.in/hcservices/