IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:09.11. 2009 CORAM:- Hon'ble Mr. Justice R. SUDHAKAR Writ Petition No. 13018 of 2006 and W.P.M.P.No.1786 of 2007 Thamizhaga Anna Salavi Thozhilalargal Sangam, reop. By its District President S.T.Palani Villupuram .. Petitioner Vs. 1. The Revenue Divisional Officer, Villupuram District, Villupurm. 2. The District Collector, Villupuram District, Villupurm. 3. The Special Tahsildar,(AD & W) Villupuram. 4. District Backward Class Welfare Officer,Villupuram . . . Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of of a writ of mandamus directing the respondents to issue assignment patta to eligible persons from and among 47 applications following the enquiry that was conducted on 29.01.1993 by the third respondent with respect to 23 plots kept reserved from and out of an extent of 2.55 hectares of land comrpised in Survey No.18/1B of Kakuppam village, Villupuram District.. For Petitioner : Mr.S.Sadasharam For respondents : Mrs. C.K.Vishnu Priya A.G.P. https://hcservices.ecourts.gov.in/hcservices/ O R D E R A group of washermen by forming an Association has filed this writ petition praying for a direction to respondents to issue assignment patta to eligible persons from and among 47 applications following the enquiry that was conducted on 29.01.1993 by the third respondent with respect to 23 plots kept reserved from and out of an extent of 2.55 hectares of land comprised in Survey No.18/1B of Kakuppam village, Villupuram District. 2. According to the petitioners, a larger extent of land was acquired for providing house sites for washermen and some of the plots were already allotted to eligible persons and 23 plots were left for being assigned to eligible persons in future. For 23 un-assigned plots, 47 applications were received. Thereafter, no further steps were taken to allot the plots to eligible persons. Therefore, a writ petition was filed in W.P.No.2696 of 1996 and this Court by order dated 08.01.1999 has directed the authorities concerned to pass necessary orders based on the enquiry held on 29.01.1993. Thereafter, nothing moved in this regard. The reasons given by the respondents, as could be seen in the counter affidavit filed by the respondents in paragraph 18 , reads as follows: "As far as averment in para 5 is concerned, it is submitted that the contention of petitioner is not correct. As stated above in para 3 and 4 there is an endless dispute between the Two Associations one leaded by Thiru M.Ramamoorthy and another headed by S.T.Palani. The unauthorised occupation by the members of the Association headed by Thiru M.Ramamoorthy, which is the rival Association to Thiru S.T.Palani, in the unassigned plots have refused to remove the sheds in the 23 plots. As per the direction of the orders of the High Court dated 08.01.1999, 23 pattas have to be issued to the eligible persons whose names found in the list furnished by the Special Tahsildar (DRS) dated 29.01.1993. The first respondent is taking all sincere steps to settle the Law and Order problem smoothly to carry out eviction of unlawful encroachments in the unassigned plots and to prove house sites to eligible 23 persons as directed by the Honourble High Court dated 08.01.1999 as early as possible." 3. The Government has submitted that in view of the Law and Order problem, and the claim of the members of the rival Association, the earlier order of the Court could not be implemented. However, as undertaken by the respondents in the counter affidavit referred to above, a direction is issued to the https://hcservices.ecourts.gov.in/hcservices/ second respondent, the District Collector to go into the matter and take necessary steps to assign the plots to the eligible persons, based on merits of the rival claims. Due regard shall be had to the report of the enquiry that has already been conducted in this regard. The said exercise shall be completed within 12 weeks from the date of receipt of a copy of this order. 4. With the above direction, the Writ Petition is disposed of. Connected miscellaneous petition is closed. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. PAL To 1. The Revenue Divisional Officer, Villupuram District, Villupurm. 2. The District Collector, Villupuram District, Villupurm. 3. The Special Tahsildar,(AD & W) Villupuram. 4. District Backward Class Welfare Officer,Villupuram 1 cc to Government Pleader, SR. 59995 1 cc to Mr.S. Sadasharam, Advocate, SR. 59884 W.P. No. 13018 of 2006 PA (CO) kk 20/11 https://hcservices.ecourts.gov.in/hcservices/