IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.5331 of 2022

W.M.P.Nos.5421 & 5422 of 2022

C.Munuswamy

...Petitioner

Vs.

1.The District Collector,

District Collector's Office,

Dharmapuri - 636 705.

2.The Adi Dravidar and Tribal Welfare Officer,

District Adi Dravidar Welfare Department,

District Collector's Office,

Dharmapuri District - 636 705.

3.The Special Tahsildar,

Adi Dravidar Welfare Department,

Dharmapuri Division,

Dharmapuri Taluk Office,

Dharmapuri District - 636 701.

4.The Village Administrative Officer,

Papinaickenahalli Village,

Dharmapuri District - 636 701. ...Respondents

Prayer: Writ Petition filed under Article 226 of the

Constitution of India to issue a Writ of Mandamus directing the

respondents not to disposses the petitioner from the subjected

lands i.e, agricultural land to a total extent of 1.26.0

hectares (3.11 acres) comprised in the Village Survey No.10/1A,

10/2A & 11/2A in the Papinaickenhalli Revenue Village in the

Dharmapuri Taluk of the Dharmapuri District, until the orders

passed by the first respondent based on the second respondent

Enquiry Report dated 31.10.2019.

For petitioner :

Mr.Mukunth

for Mr.D.Senthil Kumar

For Respondents:

Mr.M.Muthusamy

Government Advocate

https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner has filed this petition seeking direction to

the respondents not to disposses the petitioner from the

agricultural land to a total extent of 1.26.0 hectares (3.11

acres) comprised in the Village Survey No.10/1A, 10/2A & 11/2A

in the Papinaickenhalli Revenue Village in the Dharmapuri Taluk

of the Dharmapuri District, until the orders passed by the first

respondent based on the second respondent Enquiry Report dated

31.10.2019.

2. Mr.M.Muthusamy, learned Government Advocate takes

notice for the respondents. In view of the limited relief sought

for in this petition and on the consent expressed by the learned

counsel appearing on either side, this petition is taken up for

final disposal.

3. The case of the petitioner is that the petitioner is

the owner of the property comprised in Survey Nos.10/1A, 10/2A &

11/2A, measuring an extent of 1.26.0 Hectares, situated at

Papinaickenhalli Revenue Village, Dharmapuri Taluk & District.

The said land was acquired by the third respondent for the

purpose of Harijan Welfare by order dated 17.09.1998. However,

without knowledge and due process of law, the said land was

acquired as against the petitioner and no notice was issued.

However, without provision of law, the second respondent made a

recommendation in favour of the petitioner for re-conveyance on

31.10.2019 to the District Collector. However, no orders was

passed by the District Collector on the recommendation made by

the second respondent. However, till date no action has been

taken by the respondents on the representation made by the

petitioner. Hence, the present Writ Petition has been filed by

the petitioner for the above relief.

4. Though very many grounds have been raised, learned

counsel for the petitioner submits that it would suffice if this

Court directs the first respondent to consider the

recommendation of the second respondent dated 31.10.2019 within

the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the

respondents submits that the recommendations made by the second

respondent dated 31.10.2019 will be considered by the first

respondent within the time frame that may be fixed by this

Court.

6. In view of the aforesaid submissions, this Court without

expressing any opinion on the merits of the case, directs the

first respondent to consider the recommendations made by the

https://hcservices.ecourts.gov.in/hcservices/

second respondent dated 31.10.2