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2017 DIGILAW 2961 (MAD)

V. Kumaravadivel v. District Collector

2017-09-01

G.R.SWAMINATHAN, K.K.SASIDHARAN

body2017
ORDER : G.R. SWAMINATHAN, J. 1. W.P. (MD) No.5582 of 2014 has been filed for causing removal of the encroachments in S.No.369/2A and 369/2B in Venkatachalapuram Village, Panaiyoor Panchayat limits, in Sankarankovil Taluk, Tirunelveli District. 2. The Special Tahsildar, Adi Dravidar Welfare has filed a counter affidavit stating that the lands in the said survey numbers were acquired for the purpose of providing house sites to the Adi Dravidar people. It is denied that S.No.369/2A was acquired. 3. The allegation of the writ petitioner that the fourth respondent Madasamy had encroached a portion of the unused place is admitted. But, the authority would state that the said encroachment has since been removed. 4. In view of the said submission, there is nothing to be adjudicated in W.P.(MD) No.5582 of 2014. The writ petition therefore stands dismissed. No costs. 5. W.P. (MD) No.23144 of 2015 has been filed challenging the order dated 02.12.2015 issued by the Special Tahsildar, Adi Dravidar Welfare, Sankarankovil Taluk. 6. The writ petitioner has specifically averred that she belongs to scheduled caste community and that the second respondent by proceedings dated 07.11.1996 assigned two cents of land numbered as Plot No.25 in S.No.369/1, The third respondent by virtue of the proceedings of the first respondent dated 11.03.1999 constructed a free house under Indira Memorial Housing Scheme. The writ petitioner is residing only in the said house. She has not built any other house. The writ petitioner would allege that the issuance of the impugned order is pursuant to the filing of W.P. (MD) No.5582 of 2014. This stand of the petitioner has not been controverted by the respondents by placing acceptable materials. 7. We also perused the impugned order dated 02.12.2015. We are of the view that the impugned order has been issued without any basis. It stands quashed. The writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.