1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.420 of 2011 and M.P.(MD)No.1 of 2011 P.Chittu : Petitioner Vs. 1.The Secretary to Government, Adi Dravidar Welfare Department, St. George Fort, Chennai. 2.The District Collector, Sivagangai District, Sivagangai. 3.The District Adi Dravidar Welfare Officer, Collectorate Campus, Sivagangai District, Sivagangai. 4.The Thasildhar, Thasildhar Office, Thirupathur, Sivagangai District. 5.The Special Thasildhar (Adi Dravidar Welfare Department), Devakottai, Sivagangai District. 6.The President, Sathurvedamangalam Panchayat, Sathurvedamangalam Village, Thirupathur (Taluk), Sivagangai District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 23.12.2010 in accordance with law within the time stipulated by this Court and thereby cancelling the patta issued to the ineligible persons as per the memorandum made in Na.Ka.No.C.1062/92, dated 03.06.1998 of the fifth respondent and issue patta to the petitioner and other eligible beneficiaries in accordance with law. For Petitioner : Mr.D.Sadiq Raja For Respondents 1 to5 : Mr.B.K.Rajendran Additional Government Pleader For Respondent No.6 : Mr.R.Senthil Kumar ORDER The petitioner seeks a Writ of Mandamus directing the respondents to cancel the patta granted to the ineligible persons as per the memorandum made in Na.Ka.C.No.1062/92, dated 03.06.1998 and issue patta to her. https://hcservices.ecourts.gov.in/hcservices/ 2 2. According to the petitioner, the Government of Tamil Nadu have acquired the land having an extent of 0.39.5 hectares of ryot-punja land situated at Sathurvedhamangalam Village of Thiruppathur Taluk for the purpose of giving free house sites to the Adi Dravidar people residing in the said village. Subsequently, the fifth respondent, by proceedings dated 11.05.1998, issued house site patta in favour of 27 people, without properly scrutinizing their eligibility. Since at least 17 persons were having residential houses, there were objections against inclusion of their names in the said list. This made the Government to conduct an enquiry in the matter. The fifth respondent, as per proceedings dated 03.06.1998, recommended cancellation of patta given to 17 persons, as they were already given free house site pattas. Since no action was taken pursuant to the said proceedings and there was an attempt to give possession of the property to those 17 persons, the petitioner has approached the respondents by way of a representation dated 23.12.2010. Since the said representation was not considered, the petitioner is before this Court. 3. I have heard the learned counsel for the parties. 4. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 5 would submit that the fifth respondent has already recommended to the District Adi Dravidar Welfare Officer to cancel the patta given to some of the ineligible persons as per his communication dated 03.06.1998. According to the learned Additional Government Pleader, appropriate action will be taken by the authorities and they would verify the eligibility once again and prepare a fresh list containing the name of eligible persons, after deleting the name of ineligible applicants. 5. The grievance of the petitioner is only on account of issuance of patta to those persons, who were already given patta. Since the Government have taken a decision to consider the matter afresh and to see as to whether all the persons, whose name found place in the eligibility list, were actually eligible for house site patta, no further orders are necessary at the instance of the petitioner. 6. Accordingly, the respondents 3 and 5 are directed to consider the matter and to take appropriate action on the basis of the proceedings of the fifth respondent dated 03.06.1998 and to draw a list of eligible persons so as to enable the authorities to grant patta in respect of the property in Survey No.392/5. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 7. The Writ Petition is disposed of with the above direction. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Secretary to Government, Adi Dravidar Welfare Department, St. George Fort, Chennai. 2.The District Collector, Sivagangai District, Sivagangai. 3.The District Adi Dravidar Welfare Officer, Collectorate Campus, Sivagangai District, Sivagangai. 4.The Thasildhar, Thasildhar Office, Thirupathur, Sivagangai District. 5.The Special Thasildhar (Adi Dravidar Welfare Department), Devakottai, Sivagangai District. 6.The President, Sathurvedamangalam Panchayat, Sathurvedamangalam Village, Thirupathur (Taluk), Sivagangai District. +1 CC to the Special Government Pleader, Sr.No.3147 SML Order made in W.P.(MD)No.420 of 2011 Dated:- 25.01.2011 TR : 15.02.2011 : 3p/8c https://hcservices.ecourts.gov.in/hcservices/