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2021 Supreme(Online)(MAD) 41378

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.10.2021 CORAM THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.19762 of 2021 V.Ariyan ... Petitioner Vs.

1.The Secretary, The Tamilnadu Backward Classes, Most Backward Classes and Minority Welfare Department, Secretariat, Fort St.George, Chennai - 09.

2.The Director, The Tamilnadu Backward Classes, Most Backward Classes and Minority, Welfare Department, Ezhilagam Annexe Building II Floor, Chennai - 05.

3.The District Collector, District Backward Classes, Most Backward Classes and Minority, Welfare Department, District Collector office, Dharmapuri District.

4.The District Backward Classes, Most Backward Classes and Minority, Welfare Department/

The District Revenue Officer, Dharmapuri District.

5. The Tashildar, District Collectorate office, Palacode, Dharmapuri District. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, to direct the 3rd and 4th respondents to consider the representation letter dated 13.01.2020 and to change Patta in favour of petitioner and issue computerized chitta in bearing Survey No.75/1Z, Marandahalli, Palacode, Dharmapuri-District, total extent of 0.57.0 hectares.

For Petitioner : Mr.N.Suresh For Respondents : Mr.Yogesh Kannadasan Government Advocate

ORDER

This writ petition has been filed for a mandamus to direct the respondents 3 and 4 to consider the representation dated 13.01.2020 and to change Patta in favour of petitioner and issuance of computerized chitta in S.No.75/1Z, Marandahalli, Palacode, Dharmapuri-District to an extent of

0.57.0 hectares.

2.The case of the petitioner is that he is in possession in S.No.75/1Z to an extent of 0.57.0 hectares of land, Marandahalli, Palacode, Dharmapuri District and also in S.No.75/1A to an extent of 4.62 acres the land taken by the Government for the Most Backward Class People Novice and toby people Marandahalli, Palacode, Dharmapuri-District, Government acquired the aforesaid lands for issuance of pattas to the Eligible Most Backward Class People and this acquisition was done by G.O.Ms.No.891, Social Welfare Department dated 14.03.1986 and subsequently, the matter culminated in the Award No.2/88-89 dated

29.09.1988.

3.The petitioner submits that suddenly the land owners compensation amount was deposited in the Court on 14.02.1994 and due to the completion of land acquisition activities it was creating Law and Order so unable to take the land independence.

4.According to the petitioner, on 02.01.1993 a meeting has been conducted by the Revenue Department Krishnagiri between the Landowners and Department Officials and in the negotiations, it has been decided to withdraw the land acquisition activities.

5.The petitioner submits that the Government stopped the land acquisition for the Most Backward Class people, Novice and toby people Marandahalli, Palacode, Dharmapuri-District and issued order in Na.Ka.No.44257/85/y1, dated 26.07.2003.

6.The petitioner further submits that after withdrawal of the land acquisition, the respondents 3 and 4 have not changed Village account and patta in his name and he gave a petition to the respondent but they are not taken any steps and action in S.No.75/1Z, Marandahalli, Palacode, Dharmapuri District, for total extent of 0.57.0 hectares of land and on 03.03.2014, he made representation to the respondents 3 and 4 to grant patta for the aforesaid land.

7.According to the petitioner, the respondents 3 and 4 have not replied to his representation and he filed a writ petition before this Court in W.P.No.461 of 2015, the matter came up before a learned Single Judge of this Court and the learned Single Judge directed the respondents to consider the proposal submitted by the third respondent requesting for approval of the withdrawal notification ROC 44257/85/(Y1) dated

26.07.2003 and pass appropriate orders on merits and in accordance with law within a period of four months from this date of receipt of a copy of the order.

8.The petitioner submits that after the order passed by this Court in W.P.No.461 of 2015, the Authorities have stopped the land acquisition in respect of S.No.75/1A for a total extent of 4.62 acres and cancelled the land acquisition process.

9.The petitioner further submits that the past 5 years, the respondents have not changed patta and computerized chitta in his name and he made representation on 13.01.2020 before the third respondent and requested to change patta in his favour and issuance of computerized, but the third respondent has not replied till date.

10.According to the petitioner, he made representation on

30.11.2020 by way of Right to Information Act and asked certain details and the copies.

11.The petitioner submits that the third respondent has no any other legitimate power and without perusal of document as well as without inspecting the land blindly cancelled, since the stand of the respondent on this score was inhuman, apart from it bearing illegal and unethical and this act on the part of the respondent is a clear deficiency of service and also the respondents 1 and 2 colloidal with the respondents 3 to 5 and creating trouble against him.

12.The petitioner has no other alternative remedy except to approach this Court under Article 226 of the Constitution of India. Hence, the writ p

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