1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.13127 of 2011 S.Machapandi ... Petitioner Vs. 1.The District Collector, Office of the District Collector, Sivagangai District. 2.The Revenue Divisional Officer, Sivagangai District. 3.The Tahsildar, Sivagangai Taluk, Sivagangai District. 4.The Surveyor, Sivagangai Taluk, Sivagangai District. 5.Village Administrative Officer, Idaikattur Village, Sivagangai Taluk, Sivagangai District. ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 and 2 to initiate necessary action to conduct survey in the land allotted to 40 Dalit beneficiaries of Idaikattur Village, Sivagangai District and hand over possession to the beneficiaries, by considering the representation preferred by the petitioner, dated 29.08.2011, within a time frame. For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.Mahendran, Spl.Govt.Pleader. ORDER [Order of the Court was made K.N.BASHA, J] Mr.K.Mahenran, learned Special Government Pleader, has taken notice for the respondents. By mutual consent of the counsel on either side, the main writ petition itself is taken up for final hearing at the time of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 2 2.The petitioner has come forward with this petition praying for a direction to the respondents 1 and 2 to initiate necessary action to conduct survey in the land allotted to 40 Dalit beneficiaries of Idaikattur Village, Sivagangai District and hand over possession to the beneficiaries, by considering the representation preferred by the petitioner, dated 29.08.2011, within a time frame. 3.Learned counsel for the petitioner would submit the petitioner has come forward with this petitioner as a public interest litigation. It is contended that 40 Dalit people were allotted lands at Idaikattur Village by the 3rd respondent as early on 07.01.1997, but till date the same were not surveyed and possession was not handed over to the beneficiaries and therefore seeking such a relief, the petitioner made a representation on 29.08.2011 to the respondents and as no action was taken till date, the petitioner was constrained to approach this court with this writ petition with the aforesaid prayer. 4.Heard the learned Special Government Pleader appearing for the respondents on the submissions made by the counsel for the petitioner. On instruction, he would submit that in respect of the land in question, already a civil suit was filed by a third party and the said suit was decree and patta was also granted to the succeeded party in the suit. 5.We have carefully considered the submissions made by the counsel on either side and also perused the materials available on record. 6.The fact remains that the petitioner has come forward with this writ petition with a limited prayer to direct respondents 1 and 2 to consider his representation, dated 29.08.2011. Having regard to the action to be taken as stated above, this Court, without going into the merits of the representation of the petitioner and without expressing any view on such a representation, is constrained to direct the 1st and 2nd respondents to consider the representation of the petitioner, dated 29.08.2011, by affording an opportunity to the petitioner and also to other relevant parties and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall furnish a copy of his representation, dated 29.08.2011, along with a copy of this order, to the 1st and 2nd respondents afresh, within ten days from the date of receipt of a copy of this order. 7.With the above direction, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 3 To: 1.The District Collector, Office of the District Collector, Sivagangai District. 2.The Revenue Divisional Officer, Sivagangai District. 3.The Tahsildar, Sivagangai Taluk, Sivagangai District. 4.The Surveyor, Sivagangai Taluk, Sivagangai District. 5.Village Administrative Officer, Idaikattur Village, Sivagangai Taluk, Sivagangai District. +1cc to Special Government Pleader, Sr.No.40893 +1cc to Mr.R.Alagumani, Advocate, SR.No.40688 gb GH : 28.11.2011 : 3p/8c Order in W.P.(MD)No.13127/2011 Dated:21.11.2011 https://hcservices.ecourts.gov.in/hcservices/