HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice V.BHAVANI SUBBAROYAN
V.Ariyan – Appellant
Versus
The Secretary – Respondent
WP/19762/2021
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.
r... Respondents
Prayer:
Writ Petition filed under Article 226 of Constitution of
India, praying for issuance of a Writ of Mandamus, to direct the
https://hcservices.ecourts.gov.in/hcservices/
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.75/12 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
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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 lea